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2025 DAILYLAW 35715 (KAR)

SRI AMAVASE v. THE STATE OF KARNATAKA

CRL.P/12830/2024 · 2025-01-17

Mohammad Nawaz

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Judgment text

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- 1 - NC: 2025:KHC:1961 CRL.P No. 12830 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12830 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. AMAVASE S/O LATE MAHADEVAIAH, AGED ABOUT 48 YEARS, R/O BISALAVADI VILLAGE-571 127, CHAMARAJANAGAR TALUK AND DISTRICT …PETITIONER (BY SMT. MANORANJINI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RURAL POLICE STATION, CHAMARAJANAGARA, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001 2. SMT. THULASAMMA W/O LATE MADAIAH, SC STREET, BISALAVADI VILLAGE-571 127, CHAMARAJANAGAR TALUK AND DISTRICT, KARNATAKA. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.159/2023 DATED 28.12.2023 FOR THE OFFENCE P/U/S 354A, 376, 511 OF IPC AND CHARGE SHEET Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1961 CRL.P No. 12830 of 2024 DATED 20.01.2024 FILED BY THE CHAMARAJ NAGARA RURAL POLICE IN C.C.NO.57/2024 PRL. CIVIL JUDGE (JR.DN.) AND JMFC, CHAMARAJANAGAR FOR THE OFFENCE P/U/S 354A, 511 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. FIR In Crime No.159/2023 of Chamarajanagar Rural Police Station was registered against the petitioner for offences punishable under Section 354-A, 376 read with Section 511 of IPC. 3. It is alleged by the prosecution that on 28.12.2023 at about 06:30 p.m., when the victim / complainant was returning from the milk dairy and when she reached near the dilapidated house of one Sannaiah, accused who was following her, dragged her inside a room situated in front of the said house and attempted to - 3 - NC: 2025:KHC:1961 CRL.P No. 12830 of 2024 commit rape on her. When she screamed, one Nagarju and his wife Nagamma came and rescued her. 4. Petitioner was arrested on 28.12.2023. Since then he is in judicial custody. In the FIR Section 376 of IPC was invoked. However, while filing the charge sheet, said provision is deleted and charge sheet is filed for the offence punishable under Section 354(A) and 511 of IPC. 5. The punishment prescribed for the offence punishable under Section 354-A of IPC is three years or fine or both. The accused is in judicial custody for more than one year. Considering the same, the relief sought can be granted by imposing necessary conditions. 6. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused in Crime No.159/2023 of Chamarajanagar Rural Police Station shall be released subject to following conditions: - 4 - NC: 2025:KHC:1961 CRL.P No. 12830 of 2024 a) He shall execute a bond in a sum of Rs.50,000/- with a surety for the likesum to the satisfaction of the Jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge. d) He shall not try to intimidate, threaten or influence the victim in any manner. e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 34