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2025 DAILYLAW 29083 (KAR)

SRI. MANJUNATH. P. S. v. THE STATE OF KARNATAKA

CRL.P/8372/2025 · 2025-07-11

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25595 CRL.P No. 8372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8372 OF 2025 BETWEEN: 1. SRI MANJUNATH P.S S/O SHIVAKUMAR P.S AGED ABOUT 36 YEARS R/AT NO.627, KANIKA COTTAGE 8TH MAIN 8TH BLOCK SRI M. VISHWESHWARAYA LAYOUT NEAR MANJUNATH DRY CLEANERS BALA VIKAS SCHOOL GIDADAKONENAHALLI BENGALURU - 560 091. 2. MR. MANJUNATH S/O POOJANNA AGED ABOUT 38 YEARS R/AT NO.88/1, AMRUTHA SAGARA GOVERNMENT SOCIETY ROAD NEAR GOVERNMENT SOCIETY TOTADAGUDDAHALLI, NAGASANDRA POST, BENGALURU - 560 073. …PETITIONERS (BY SRI ANANDA V, ADV.) AND: THE STATE OF KARNATAKA CHANDRA LAYOUT POLICE STATION REP BY SPP, 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 ENLARGE THE PETITIONERS ON BAIL, IN THE EVENT OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25595 CRL.P No. 8372 of 2025 THEIR ARREST FOR AN O/P/U/S 420,416,468,464 R/W 34 OF IPC REGISTERED UNDER CR.NO.133/2023 ON THE FILE OF 8TH ACMM COURT, NRUPATHUNGA ROAD, BENGALURU CITY ON THE BASIS OF THE FALSE COMPLAINT GIVEN BY THE COMPLAINANT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioners' apprehending arrest in Crime No.133/2023 registered by Chandra layout Police Station, Bengaluru City for the offences punishable under Sections 420, 416, 468, 464 R/w 34 of IPC are before this Court under Section 438 of Cr.P.C, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.133/2023 registered by Chandra layout Police Station, Bengaluru City against the petitioners herein for the aforesaid offences on the basis of first information dated 14.05.2023 received from Smt. Roopa W/o Mahadev. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.4597/2025, before the jurisdictional Sessions Court, which was - 3 - HC-KAR NC: 2025:KHC:25595 CRL.P No. 8372 of 2025 rejected on 09.06.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners name is not found in the FIR. The petitioners have been receiving repeated phone calls from the Police Station and they are being harassed. It is under these circumstances, the petitioners are before this Court. 5. Per contra, learned HCGP has opposed the bail petition. 6. Perusal of the material on record would go to show that, the petitioners are not named in the FIR. The allegation found in the FIR, which has resulted in registering FIR in Crime No.133/2023 is relating to accused Nos.1 to 4, who are named in the FIR. Learned counsel for the petitioner has produced certain materials to show that the petitioners have been receiving repeated phone calls from the Police Station in the present case. Learned HCGP has not disputed the same. The alleged offences are triable by the Court of Magistrate and - 4 - HC-KAR NC: 2025:KHC:25595 CRL.P No. 8372 of 2025 maximum punishment for the alleged offences is imprisonment for a period of seven years. The petitioners have undertaken to cooperate with the police for the purpose of investigation. 7. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. 8. Accordingly, the following: ORDER The Criminal 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 their arrest in Crime No.133/2023 registered by Chandra layout Police Station, Bengaluru City for the offences punishable under Sections 420, 416, 468, 464 R/w 34 of IPC subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:25595 CRL.P No. 8372 of 2025 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS