Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 23082 (KAR)

SOAMANNA v. STATE OF KARNATAKA BY YALANDURU POLICE STATION

CRL.P/5073/2025 · 2025-04-22

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16620 CRL.P No. 5073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5073 OF 2025 BETWEEN: 1. SOAMANNA S/O RANGASWAMY AGED ABOUT 46 YEARS. 2. PUTTAMANI W/O RANGASWAMY AGED ABOUT 57 YEARS. 3. RANGASWAMY S/O LATE MARAIAH AGED ABOUT 70 YEARS. ALL ARE R/AT AMBEDKAR STREET MASANAPURA VILLAGE CHAMARAJANAGARA TALLUK AND DISTRICT - 571 313. …PETITIONERS (BY SRI PRASANNA KUMAR B, ADV.) AND: STATE OF KARNATAKA BY YALANDURU POLICE STATION REPRESENTED BY HIGH COURT STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16620 CRL.P No. 5073 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.24/2025 ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT AT YELANDURU CHAMARAJNAGARA DISTRICT FOR THE OFFENCE P/US/ 74,115(1),352,351(2),3(5) OF BNS WHICH REGISTERED BY THE YELANDURU P.S., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 to 3 in Crime No.24/2025 registered by Yelandur Police Station, Chamarajanagara, for the offences punishable under Sections 74, 115(1), 352, 351(2) and 3(5) of BNS, 2023, are before this Court under Section 482 of BNS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.24/2025 was registered by Yelandur Police Station, Chamarajanagara, for the aforesaid offences against petitioners herein based on the first information dated 03.02.2025 received from Manjunath. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.53/2025 before the jurisdictional Sessions Court which was rejected on 14.03.2025. Therefore, they are before this Court. - 3 - NC: 2025:KHC:16620 CRL.P No. 5073 of 2025 4. A perusal of the material on record would go to show that there is some civil dispute between the parties who are all close relatives. The allegation against the accused persons is that on 02.02.2025 at about 21.40 hours, they allegedly came near the house of the first informant and after abusing the first informant allegedly had assaulted her and also had pulled her clothes and tried to outrage her modesty. First informant has also alleged that accused persons abused her using filthy language. In respect of the incident that had taken place at about 21.40 hours on 02.02.2025 belatedly first information has been submitted on 03.02.2025 at about 19.00 hours. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Undisputedly, petitioners do not have any criminal antecedents and they have undertaken to cooperate with the police for the purpose of investigation. Considering the nature of allegations found as against the petitioners in the first information which is made by their close relatives with whom they have a civil dispute, I am of the opinion that the prayer made by them for grant of anticipatory - 4 - NC: 2025:KHC:16620 CRL.P No. 5073 of 2025 bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.24/2025 registered by Yelandur Police Station, Chamarajanagara, for the offences punishable under Sections 74, 115(1), 352, 351(2) and 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. - 5 - NC: 2025:KHC:16620 CRL.P No. 5073 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN