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High Court of Karnataka · body

2025 DAILYLAW 14114 (KAR)

GIRISH KUMAR V v. STATE OF KARNATAKA BY

CRL.P/895/2025 · 2025-02-03

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:4787 CRL.P No. 895 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 895 OF 2025 BETWEEN: 1. GIRISH KUMAR V, S/O M. VENKATESH, AGED ABOUT 34 YEARS, 2. REVATHY V W/O M. VENKATESH, AGED ABOUT 56 YEARS, BOTH ARE RESIDING AT NO.915/7, 2ND CROSS, M D BLOCK, NEAR K C GENERAL HOSPITAL, MALLESWARAM, BENGALURU - 560 003 …PETITIONERS (BY SRI. G.R. SHESHADRI, ADVOCATE FOR SRI. HARISH KUMAR M.R, ADVOCATE) AND: STATE OF KARNATAKA BY BY MALLESHWARAM POLICE STATION BENGALURU CITY - 560 003. REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4787 CRL.P No. 895 of 2025 THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN CRIME NO.180/2024 OF MALLESHWARAM POLICE STATION BENGALURU CITY, FOR THE OFFENCES P/U/S 661(1), 340(2), 336(3), 318(4) AND 3(5) OF BNS 2023, PENDING ON THE FILE OF THE HONBLE 32ND ACMM, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. FIR in Crime No.180/2024 of Malleshwaram Police Station, Bengaluru City, is registered against the petitioners, Girish Kumar and Smt. Revathi, for the offence punishable under Section 661(1), 340(2), 336(3), 318(4) and 3(5) of BNS 2023. 3. This petition is preferred under Section 482 of BNSS, 2023 to enlarge the petitioners on anticipatory bail. 4. Learned counsel for petitioners submits that in so far as petitioner No.1 is concerned, he has been - 3 - NC: 2025:KHC:4787 CRL.P No. 895 of 2025 arrested and released on regular bail and therefore, his petition does not survive for consideration. 5. Complainant is the daughter-in-law of petitioner No.2. Petitioner No.1 is her brother-in-law. It is her case that property bearing No.915/7, PID-6-30-7 measuring east-west 30 feet and north-south 50 feet was in the name of the grand father of her husband. Her father-in- law M.Venkatesh is no more. Both these petitioners, i.e., her brother-in-law and mother-in-law, obtained fake genealogical tree by not showing the name of her husband and showing petitioner No.1 as the only son of petitioner No.2, transferred the property in his name in the office of Sub-Registrar and thus cheated her husband, who is entitled for a legal share in the ancestral property. 6. It is contended by the learned counsel that the entire allegations are false. He contended, the complainant has filed a false dowry harassment case against her husband i.e., second son of petitioner No.2 and he is missing. Now, with an ulterior motive, to harass the petitioners, she has filed a false complaint. - 4 - NC: 2025:KHC:4787 CRL.P No. 895 of 2025 7. Allegations against the accused have to be proved in due course. Petitioner No.1 has been enlarged on regular bail. Petitioner No.2 is a woman. She has undertaken to co-operate with the investigation of the case. Her custodial interrogation may not be necessary. Considering the facts and circumstances, the following:- ORDER i) Petition is partly allowed. ii) Petition in respect of petitioner No.1 is dismissed as infructuous. iii) Petition in respect of petitioner No.2 / accused No.2 is allowed. iv) Petitioner No.2 / accused No.2 shall be enlarged in the event of her arrest in Crime No.180/2024 of Malleshwaram Police Station, Bengaluru City, subject to following conditions: a) She shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a bond in a sum of - 5 - NC: 2025:KHC:4787 CRL.P No. 895 of 2025 Rs.50,000/- (Rupees Fifty Thousand Only) with a surety for the likesum. b) She shall furnish proof of her residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) She shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) She shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) She shall not tamper with the prosecution witnesses/evidence either directly or indirectly. f) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 14