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2025 DAILYLAW 25103 (KAR)

THIMME GOWDA v. STATE OF KARNATAKA BY

CRL.A/930/2025 · 2025-05-15

Shivashankar Amarannavar

Criminal Appealbody2025

Judgment text

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- 1 - NC: 2025:KHC:18260 CRL.A No. 930 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 930 OF 2025 BETWEEN: THIMME GOWDA, S/O BOMMACHANNEGOWDA, AGED 39 YEARS, RESIDING AT NO. 406, THE TREE APARTMENT, SYNDICATE LAYOUT, HEROHALLI, BENGALURU - 560 091. …APPELLANT (BY SRI. NATARAJ D, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGALAGUNTE P.S., REP. BY STATE PUBLIC PROSECUTOR, OFF. AT HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. ANURADHA K, D/O LATE KRISHNAPPA, AGED ABOUT 34 YEARS, NO. 32, M.R. BUILDING, A.Y.R LAYOUT, SHETTIHALLI, BENGALURU CITY, KARNATAKA - 560 015. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18260 CRL.A No. 930 of 2025 THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING 1) TO SET ASIDE THE ORDER DATED 19.04.2025 PASSED BY THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE, BENGALURU (CCH-71) IN CRL.MISC.NO.3067/2025. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The appeal is filed by the accused No(1) praying to set aside the order dated 19.04.2025 passed in Cri.Misc.3067/2025 by LXX Addl. City Civil and Sessions Judge and Spl. Judge, Bengaluru (CCH-71) where under the bail application of the appellant caused in respect of Crime.No.158/2025 of Bagalagunte P.S. registered for offences punishable under Section 115 (2), 118(1), 3(5), 351(2), 352, 69 and 89 of BNS and U/s 3(1) (r ), 3(1) (S) of SC/ST Act came to be rejected. 2. Heard the learned counsel for the appellant and learned HCGP for respondent No.1-State. Despite service - 3 - NC: 2025:KHC:18260 CRL.A No. 930 of 2025 of notice, Respondent No.2 remained absent and unrepresented. 3. The allegation against the appellant-accused is false promise to marry the respondent No.2. Respondent No.2 was divorcee and she developed relationship with the appellant-accused and it is alleged that she became pregnant and she underwent abortion. 4. The case is still under the investigation. Whether the appellant has made a promise to marry the respondent No.2 and he did not perform the said promise is the matter of investigation and trial. The appellant is in Judicial custody since 05.04.2025. The appellant has undertaken to co-operate with the police in the investigation. Without considering these aspects, the learned Special Court has rejected the bail application of the appellant-accused. The appellant-accused has made out grounds for setting aside the impugned order and grant of bail with conditions. As a result the following: - 4 - NC: 2025:KHC:18260 CRL.A No. 930 of 2025 ORDER 1. The Appeal is allowed. 2. The impugned order dated dated 19.04.2025 passed in Cri.Misc.3067/2025 by LXX Addl. City Civil and Sessions Judge and Spl. Judge, Bengaluru (CCH-71) is set aside. 3. The appellant is granted bail in Crime No158/2025 of Bagalakunte P.S subject to the following conditions. 1.The appellant/accused shall execute 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. 2. The appellant/accused shall cooperate with the police in the investigation. 3. The appellant/accused shall not tamper the prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RCK, List No.: 1 Sl No.: 139,