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2025 DAILYLAW 25452 (KAR)

MR MANJUNATHA ALIAS MANJU C R v. STATE OF KARNATAKA

CRL.P/6542/2025 · 2025-06-11

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19983 CRL.P No. 6542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6542 OF 2025 BETWEEN: MR. MANJUNATHA @ MANJU C.R S/O RANGEGOWDA AGED ABOUT 41 YEARS R/AT BHEERANAHALLI VILLAGE HEBBALU HOBLI, K.R. NAGAR TALUK, MYSURU DIST - 571 105. …PETITIONER (BY SRI KUMARA K.G, ADV.) AND: STATE OF KARNATAKA K.R. NAGAR POLICE STATION MYSURU DISTRICT - 571 602 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001) …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN C.C. 759/2024 (IN CR.NO.240/2024 OF THE RESPONDENT K.R. NAGAR POLICE STATION WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, K.R. NAGARA, MYSORE DISTRICT, FOR THE ALLEGED OFFENCES P/U/S 108, 110 OF BNS 2023 WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST IN THE ABOVE CRIME, ON SUCH TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19983 CRL.P No. 6542 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Crime No.240/2024 registered by K.R.Nagar Police Station, Mysuru District, for the offences punishable under Sections 108, 109, 103(1) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.240/2024 was registered by K.R.Nagar Police Station, Mysuru District, against Pujariragu and the petitioner herein for the aforesaid offences on the basis on the first information dated 13.07.2024 received from Rangegowda - father of the petitioner herein. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.5248/2024 before the jurisdictional Sessions Court, which was rejected on 19.12.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that after completing investigation, charge sheet is now filed only for the offences punishable under Sections 108, 110 of BNS, 2023. As - 3 - HC-KAR NC: 2025:KHC:19983 CRL.P No. 6542 of 2025 against the petitioner, only the offence punishable under Section 110 of BNS, 2023, gets attracted. Accused no.1 who was arrested in the present case has been enlarged on bail in Crl.P.No.8820/2024 disposed of on 25.09.2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner. 6. Material on record would go to show that deceased Sumithra was the wife of the petitioner herein and from their wedlock, they had two children. Sumithra, allegedly had illicit relationship with accused no.1. She was allegedly found in the company of accused no.1 inside a bathroom and feeling ashamed, she had committed suicide by consuming poison. Petitioner herein who was mentally disturbed after his wife had committed suicide, administered poison to his two children and had also attempted to commit suicide. The children who had consumed poison had subsequently died in the hospital and it is in this background, father of the petitioner had approached the police and based on his first information, FIR was registered in - 4 - HC-KAR NC: 2025:KHC:19983 CRL.P No. 6542 of 2025 Crime No.240/2024. Investigation of the case is completed and charge sheet has been filed for the offences punishable under Sections 108 & 110 of BNS, 2023. The offence punishable under Section 103(1) of BNS, 2023, has been dropped in the charge sheet. So far as the petitioner is concerned, only the offence punishable under Section 110 of BNS, 2023, gets attracted. Accused no.1 who was arrested in the present case has been granted regular bail by this Court in Crl.P.No.8820/2024 disposed of on 25.09.2024. Undisputedly, petitioner has no criminal antecedents. Investigation of the case is already completed. Therefore, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.240/2024 registered by K.R.Nagar Police Station, Mysuru District, for the offences punishable under Sections 108, 109, 103(1) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date - 5 - HC-KAR NC: 2025:KHC:19983 CRL.P No. 6542 of 2025 of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK