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2025 DAILYLAW 30496 (KAR)

KUMARA. G v. THE STATE OF KARNATAKA

CRL.P/9247/2025 · 2025-07-09

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25083 CRL.P No. 9247 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9247 OF 2025 BETWEEN: 1. KUMARA G S/O GURUNAYAKA AGED 36 YEARS. 2. JAYALAKSHMAMMA W/O GURUNAYAKA AGED ABOUT 56 YEARS. 3. SOWMYA W/O KUMARA G AGED ABOUT 31 YEARS. PETITIONER NO.1 TO 3 ARE R/AT MANCHAHALLI VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT - 571 111. 4. NEELA @ NEELAMBIKE G W/O NAGENDRA AGED ABOUT 38 YEARS R/AT NO.218, JANATHA COLONY 16TH WARD, GUNDLUPET TOWN CHAMARAJANAGAR DISTRICT - 571 111. 5. R BINDU W/O MADAPPA AGED ABOUT 21 YEARS R/AT TAGGALURU VILLAGE GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT - 571 111. …PETITIONERS (BY SRI K. RAVISHANKAR, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25083 CRL.P No. 9247 of 2025 AND: THE STATE OF KARNATAKA REPRESENTED BY SHO, BEGUR POLICE STATION, CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT - 571 313 AND BY THE OFFICE OF THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN RELATION TO CRIME NO.50/2025 REGISTERED BY THE RESPONDENT BEGUR POLICE FOR THE OFFENCE U/S.115(2), 190, 351(1), 352 AND 75 OF BNS ACT 2023 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, GUNDLUPET, CHAMARAJANAGARA DISTRICT. 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 5 in Crime No.50/2025 registered by Begur Police Station, Chamarajanagara District, for the offences punishable under Sections 115(2), 190, 351(1), 352, 75 of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:25083 CRL.P No. 9247 of 2025 3. FIR in Crime No.50/2025 was registered by Begur Police Station, Chamarajanagara District, for the aforesaid offences against the petitioners herein based on the first information submitted by Manjula W/o late Bangaranayaka. Apprehending arrest in the case, petitioners had filed Crl. Misc. No.188/2025 before the jurisdictional Sessions Court, which was rejected on 29.05.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that first informant is residing with her children in the house adjacent to the house of the petitioner. It is alleged that petitioner no.1 has been unnecessarily troubling the first informant and has been teasing and making gestures at her with a wrong intent. On 10.04.2025, accused no.1 had once again troubled the first informant, and therefore, she had brought the same to the notice of the mother and wife of accused no.1 who inturn allegedly had abused the first informant and also assaulted her. It is in this background, she had approached the police on 10.04.2025 and submitted the first information. - 4 - HC-KAR NC: 2025:KHC:25083 CRL.P No. 9247 of 2025 5. Undisputedly, the petitioners herein do not have any criminal antecedents. The alleged offences are triable by the court of Magistrate and the maximum punishment is imprisonment for a period of three years. A reading of the complaint averments would reveal that omnibus allegations have been made against the accused by the first informant. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be considered affirmatively subject to appropriate conditions. Accordingly, the following order: 6. 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.50/2025 registered by Begur Police Station, Chamarajanagara District, for the offences punishable under Sections 115(2), 190, 351(1), 352, 75 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/- - 5 - HC-KAR NC: 2025:KHC:25083 CRL.P No. 9247 of 2025 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. 4. The petitioners shall not involve in similar offences in future. 5. Accused no.1/petitioner no.1 shall mark his attendance before the Station House Officer of the respondent-Police Station on the first Sunday of every month, till the charge sheet is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK