- 1 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 503 OF 2025 BETWEEN: 1. SMT DIVYA W/O VISHWANATH AGED ABOUT 37 YEARS, ACCUSED NO. 6 PETITIONER OCC HOUSEHOLD WORK, R/O KONANURU VILLAGE, CHITRADURGA TALUK & DISTRICT -577 541. 2. SMT.KAVYA @ KAYVA B.S. (IN THE REMAND APPLICATION NAME IS MENTIONED AS KAVYA @ KAVYASHREE D.S.) W/O B.P. PRASANNAKUMAR, AGED ABOUT 30 YEARS, OCC HOUSEHOLD WORK, R/O KONANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT -577 541. 3. SMT.SHANKARAMMA W/O BASAVARAJAPPA AGED ABOUT 64 YEARS, (IN THE REMAND APPLICATION AGE IS MENTIONED AS 65 YEARS) OCC HOUSEHOLD WORK, R/O KONANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT -577 541. 4. SMT.CHANDRAMMA W/O JAGADEESH, AGED ABOUT 42 YEARS, OCC HOUSEHOLD WORK, R/O KONANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT -577 541 5. B. PRASANNAKUMAR (IN THE REMAND APPLICATION NAME IS MENTIONED AS PRASANNAKUMAR) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 S/O BASAVARAJAPPA, AGED ABOUT 37 YEARS, OCC HOUSEHOLD WORK, R/O KONANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT -577 541. 6. HARSHA E. @ HARISH S/O ESHWARAPPA, AGED ABOUT 20 YEARS, OCC AGRICULTURIST, R/O KONANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577 541 (NOW IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. R B DESHPANDE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BHARAMASAGARA POLICE STATION, CHITRADURGA SUB-DIVISION, CHITRADURGA DISTRICT-577 519 (REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560001) …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.415/2024 OF BHARAMASAGARA POLICE STATION, CHITRADURGA DISTRICT (REGISTERED FOR THE OFFENCE P/US/ 103(2),109(1),115(2),117(4),118(1),189(2),191(2), 191(3),329(4),351(2),352 R/W SEC.190 OF BNS 2023 (CORRESPONDING PROVISIONS 302,307,323,325,324,142,147,148, 448,506,504 R/W SEC.149 OF IPC 1860 NOW PENDING ON THE FILE OF THE 2nd ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, CHITRADURGA PENDING THE TRIAL.THE SPL.2nd ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA HAS DISMISSED THE BAIL PETITION ON 08.01.2025 IN CRL.MISC.NO.1586/2024.COPY TO BE SERVED ON SPP. - 3 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/ accused Nos.6, 9, 13, 2, 8 and 18 respectively in Crime No.415/2024 of Bharamasagara Police Station, Chitradurga have preferred this petition under section 483 of BNSS, 2023 praying to enlarge them on bail. 2. Heard the learned counsel for petitioners, learned High Court Government Pleader for State and perused the material on record. 3. Aforementioned crime is registered on a complaint lodged by one Sri Chandrappa against accused Nos.1 to 20 and others for offences punishable under sections 103(2), 109(1), 115(2), 117(4), 118(1), 189(2), 190, 191(2), 191(3), 329(4), 351(2) and 352 of BNS, 2023. - 4 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 4. Complaint averments reveal that, complainant's son by name Manjunatha (deceased) had kidnapped the daughter of accused No.1 by name Rakshita on 07.10.2024 at about 3am and married her in one Guddada Eshwara temple, situated near Nayakana Hatti. In this connection, accused No.1/Jagadeesh had lodged a missing complaint at Bharamasagara Police Station. Accused No.7, Megalamane Kallesh, uncle of Rakshita informed the complainant regarding lodging of missing complaint with the Police. Therefore, both Manjunatha and Rakshita went to the office of Deputy Superintendent of Police in Chitradurga, thinking that if they go to Bharamasagara, they will be in trouble. Accused No.1 Jagadeesh and accused No.7 Megalamane Kallesh and others promised that they will perform the marriage of Rakshita as per her wish and took Rakshita along with them. Thereafter, Manjunatha went to Mallapura and stayed in the house of his sister, Anitha. Accused were telling Manjunatha that he should come and take Rakshita. However, Manjunatha was apprehending danger, hence, he had not taken Rakshita - 5 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 along with him. On 27.11.2024 at about 11am, Manjunatha telephoned the complainant informing that he will be coming to Konanuru. He came to Konanuru at 4pm. At about 4.30pm, when complainant, Manjunatha and other family members were present in the house, all the accused forming an unlawful assembly trespassed into the house and started assaulting Manjunatha, complainant Chandrappa and his wife Anasuyamma. They dragged them outside, abused in filthy language and assaulted Manjunatha, Chandrappa and Anasuyamma with iron rod indiscriminately all over the body. Accused No.1 and accused No.7 hit the deceased with a size stone on the chest. When Chandrappa and his wife Anasuyamma tried to intervene, all the other accused assaulted them with iron rod and sped away. Injured were taken to Sirigere Government Hospital and then to District Hospital, Chitradurga. Complainant's son Manjunatha died on the way to the hospital. - 6 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 5. It is the contention of learned counsel for the petitioners that even according to the complaint allegations, specific overt acts of assaulting the injured and deceased are not against these petitioners. He contended that petitioners are innocent, they are falsely implicated in the case and they are ready and willing to abide by any conditions. Accordingly, he has sought to enlarge petitioners on bail. 6. Per contra, learned High Court Government Pleader has contended that names of the petitioners finds a place in the First Information Report [FIR] and their presence at the spot is spoken by the complainant. The investigation is under progress. There are several eye witnesses and therefore, if the petitioners are enlarged on bail, they may tamper the prosecution witnesses. He contended that the complainant and his wife namely, the parents of the deceased, have sustained grievous injuries and deceased sustained as many as 21 injuries. He therefore sought to dismiss the petition. - 7 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 7. Petitioners are arrayed as accused Nos.6,9,13,2,8 and 18 respectively in the FIR. As per the FIR, specific overt acts of assaulting the deceased as well as injured persons are against accused Nos.1,5,14,12,3,7 19 and 10. According to the complainant, all the accused named in the FIR came to the spot forming an unlawful assembly with weapons like iron rod, spade and indiscriminately assaulted the deceased, complainant and his wife. Even though there are no specific overt acts alleged against the petitioners, it cannot be said at this stage, that they have not committed any offence. However, considering that petitioner Nos.1 to 4, namely accused Nos.6,9,13 and 2 are women folks and also considering that they are arrested and in custody from 28.11.2024, by imposing suitable conditions, the said accused can be enlarged on bail. - 8 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 Hence, the following:- ORDER Petition is allowed insofar as Petitioner Nos.1 to 4/accused Nos.6,9,13 and 2 . Petitioner Nos.1 to 4/accused Nos.6,9,13 and 2 in Crime No.415/2024 of Bharamasagara Police Station, pending on the file of II Additional Civil Judge [Junior Division] and JMFC, Chitradurga , shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. - 9 - NC: 2025:KHC:6275 CRL.P No. 503 of 2025 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the conditions shall result in cancellation of bail. Petition is dismissed in respect of Petitioner Nos.5 and 6/accused Nos.8 and 18. Sd/- (MOHAMMAD NAWAZ) JUDGE NV List No.: 1 Sl No.: 36