- 1 - NC: 2025:KHC:3793 CRL.P No. 465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 465 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. MANJUNATH D.S. S/O LATE DATTARAM N. SHETTY, AGED ABOUT 45 YEARS, R/AT NO.115, 9TH MAIN ROAD, 3RD CROSS, ROAD, J.C. NAGAR, NEAR MUNESHWAR TEMPLE, KURUBARAHALLI, BENGALURU-560 079. …PETITIONER (BY SRI. RAMACHANDRA R NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH WILLSON GARDEN POLICE STATION, REP. BY S.P.P., HIGH COURT BUILDING, AMBEDKAR VEEDI, BANGALORE-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE ANTICIPATORY BAIL IN CRIME NO.235/2024 FOR THE OFFENCE PUNISHABLE UNDER SEC. 205, 420, 465, 468, 464 R/W 34 OF IPC REGISTERED BY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3793 CRL.P No. 465 of 2025 WILLSON GARDEN POLICE STATION, BENGALURU ON THE FILE OF 6TH ADDL. CHIEF METROPOLITAN MAGISTRATE COURT NRUPATUNGA ROAD, BANGALORE CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.235/2024 of Wilsongarden Police Station registered for offences punishable under Section 205, 420, 465, 468, 464 r/w 34 of IPC has preferred this petition seeking anticipatory bail. 2. The above case arises out of a private complaint filed by the wife of the petitioner, which was referred to police for investigation. Learned counsel for petitioner has contended that the entire allegations are false and the petitioner is innocent. The allegations that petitioner has furnished false address in the M.C. case is not believable and it is accused No.2 who has represented on behalf of the complainant by forging her signature and also filed a - 3 - NC: 2025:KHC:3793 CRL.P No. 465 of 2025 no objection and there is no hand of the petitioner in filing false application and vakalath. He submitted that the petitioner hails from a reputed family and if he is arrested, his image will be tarnished. He further submitted that the offences alleged are not punishable with death or life imprisonment. The petitioner is ready and willing to cooperate with the investigation and abide by any conditions. He has accordingly sought to allow the petition. 3. Learned Additional SPP has opposed the prayer seeking bail contending that the petitioner has not only played fraud on the complainant but also on the Court by making false representation and obtaining a decree of divorce in collusion with accused No.2. She therefore contended that the offence alleged is serious in nature and the petitioner is not entitle for the relief of anticipatory bail. She further submitted that the police have issued notice to the petitioner to cooperate with the investigation, but the petitioner did not adhere to the said notice and - 4 - NC: 2025:KHC:3793 CRL.P No. 465 of 2025 refused to cooperate with the investigation. She has therefore, sought to dismiss the petition. 4. The complainant is the wife of petitioner/accused No.1, whose marriage was held on 11.06.2015 at one Shri Raghavendra Kalyana Mantappa at Sirsi. It is stated that the petitioner filed a divorce petition before the Family Court, Bengaluru in M.C.No.4765/2016 on 26.10.2016 and upon service of notice, complainant initially contested the said matter. The case was transferred to the Court of Senior Civil Judge and Principal JMFC at Sirsi and renumbered as M.C.No.97/2017. The said case was comprised between the complainant and the petitioner on 29.03.2019, as both of them wished to live together and continued to lead marital life. The said petition was therefore disposed of. 5. It is the further case of the complainant that after the disposal of the said case, petitioner brought her to the matrimonial home, however, he started harassing her physically and mentally and sent her to her parental - 5 - NC: 2025:KHC:3793 CRL.P No. 465 of 2025 home in the month of July 2019. Thereafter, he filed a divorce petition in the Court of Principal Family Judge, Bengaluru in M.C.No.6183/2019. In the said case, he took out paper publication for service of summons on the complainant and thereafter set up accused No.2 and by impersonating the complainant, filed vakalath through accused No.2 along with an application under Section 13 of the Family Courts Act. Thereafter, with the active collusion of accused No.2, obtained a decree of divorce behind the back of the complainant. 6. It is the contention of the learned counsel for petitioner that the petitioner is totally innocent of the above allegations and such affidavit or petition are filed by the advocate and therefore, he was not aware of the same. 7. The learned Sessions Judge has observed that by furnishing wrong address, petitioner took out paper publication, impersonated another to contest M.C.No.6183/2019 by forging the signature of the complainant in vakalath and also by forging the signature, - 6 - NC: 2025:KHC:3793 CRL.P No. 465 of 2025 filed affidavit in the Family Court through accused No.2, an advocate. 8. At this stage, the allegations made in the complaint cannot be brushed aside. Admittedly, a decree of divorce was passed in favour of the petitioner. The complainant has alleged that the decree was obtained behind her back by the petitioner in collusion with accused No.2, impersonating her and forging her signature and filing forged affidavit before the Family Court, though notice was not served on her. At this stage, there are prima facie material to show that the petitioner has played fraud on the Court, which has to be viewed seriouisly. Hence, he is not entitled for the discretionary relief of anticipatory bail. If the petitioner files any application seeking regular bail, the same may be considered and disposed of by the jurisdictional Court in accordance with law as expeditiously as possible. Observations made herein above are confined to the disposal of this petition and shall not influence the Court - 7 - NC: 2025:KHC:3793 CRL.P No. 465 of 2025 while considering the prayer of the petitioner for regular bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 36 Ct: ra