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2025 DAILYLAW 10341 (KAR)

MANJUNATHA v. THE STATE OF KARNATAKA

CRL.P/200576/2025 · 2025-04-28

S Rachaiah

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2531 CRL.P No. 200576 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200576 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MANJUNATHA S/O H. SHIVAPPA ANGADI, AGE:29 YEARS, OCC:ASSISTANT LINEMAN, R/O. YARANGALIGI VILLAGE, TQ. KURUGOD, DIST.BALLARY. …PETITIONER (BY SRI VADIRAJ P. VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY RAICHUR WOMEN PS, TQ.KURUGOD, DIST. RAICHUR, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, KALABURGI-580011. 2. SHIRISHA W/O MANJUNATH, AGE:24 YEARS, OCC: GOVT. OFFICIAL (NON-GAZETTED), R/O. YARANGALIGI VILLAGE, TQ. KURUGOD, DIST.BALLARY NOW AT NIJALINGAPPA COLONY, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2531 CRL.P No. 200576 of 2025 TQ. AND DIST. RAICHUR-584101. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP R1; V/O DTD 25.04.2025 NOTICE TO R2 IS DISPENSED WITH) THIS CRL.P. IS FILED U/S. 483 OF BNSS,2023 PRAYING TO ENLARGE THE PETITIONER/ ACCUSED NO.1 HEREIN ON REGULAR BAIL REGISTERED BY THE RAICHUR WOMEN PS, RAICHUR ON THE FILE OF THE COURT OF II ADDL. DISTRICT AND SESSIONS COURT, RAICHUR FOR THE ALLEGED OFFENCES PUNISHABLE U/S. 85, 115(2), 352, 109, 3(5) OF BNS, 2023 AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT, IN CRIME NO.7/2025 AND CONSEQUENTLY ALLOW THE PETITION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner who is accused No.1 has approached this Court seeking regular bail in Crime No.7/2025 registered by Raichur Women police station, Raichur for the offences punishable under Sections 85, 115(2), 352, 109, 3(5) of BNS, 2023 and under Sections 3 and 4 of Dowry Prohibition Act. 2. Factual matrix of the case: - 3 - NC: 2025:KHC-K:2531 CRL.P No. 200576 of 2025 Respondent No.2 – Shrisha married to accused No.1 on 26.04.2020. After the marriage, she was staying in her matrimonial home till two years. Thereafter, on 16.04.2024, she got a peon job and then she started residing with accused Nos.2 and 3 along with her children at Nijalingappa colony, Raichur. Accused No.1 used to visit her frequently. Accused No.1 was suspecting her fidelity and used to quarrel with her. On 10.02.2025, when she was proceeding the Court, accused No.1 intercepted her near the Court gate and requested her that he would meet his children. Accordingly, the complainant permitted him to meet his children and hence, he came to her house and at about 9.20 p.m., he picked up quarrel with her by stabbing her neck with a knife. Consequently, she sustained injuries and she was admitted to the hospital. Therefore, she lodged a complaint before the respondent – police. After conducting the investigation, the police have filed charge sheet. - 4 - NC: 2025:KHC-K:2531 CRL.P No. 200576 of 2025 3. Heard Sri. Vadiraj P. Vadavi, learned counsel for the petitioner, Sri Gopal Krishna Yadav, learned High Court Government Pleader for respondent No.1. Notice to respondent No.2 is dispensed with. 4. It is the submission of the learned counsel for the petitioner that the petitioner is working as an Assistant Lineman. It is true that there was a dispute between the petitioner and respondent No.2. The complainant is none other than the wife of the petitioner. It is further submitted that even the allegations made against the petitioner are presumed to be true, the fact remains that he did not bring the knife from outside to commit the murder of the complainant. When the petitioner had gone to the house of the complainant to meet his children, there was an altercation between them regarding matrimonial issues. Consequently, he took the knife which was kept in the kitchen and stated to have assaulted her. 5. It is further stated that the wound certificate would indicate that the injuries sustained by the - 5 - NC: 2025:KHC-K:2531 CRL.P No. 200576 of 2025 complainant are simple in nature. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent No.1 vehemently submitted that the petitioner has assaulted the complainant by using the knife. In case if the petitioner is enlarged on bail, there is a threat to the life of the complainant. Therefore, the petitioner is not entitled for any relief. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and the wound certificate, I am of the considered opinion that without adverting to the merit of the case, it appropriate to grant bail to the petitioner by imposing suitable conditions. Hence, I pass the following: ORDER The Criminal Petition is allowed. - 6 - NC: 2025:KHC-K:2531 CRL.P No. 200576 of 2025 The petitioner is ordered to be enlarged on bail in Crime No.7/2025 registered by Raichur Women police station, Raichur for the offences punishable under Sections 85, 115(2), 352, 109, 3(5) of BNS, 2023 and under Sections 3 and 4 of Dowry Prohibition Act, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: i. The petitioner shall not threaten or tamper the prosecution witnesses. ii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. iii. The petitioner shall not visit the house of the complainant without her permission. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 5 CT:PK