Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7417 CRL.P No. 14263 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 14263 OF 2024 BETWEEN:
MANU .R.
S/O. RAJANNA, AGED ABOUT 24 YEARS, RESIDING AT NO.105, HUVINAHOLE VILLAGE AND POST, HIRIYURU TALUK CHITRADURGA - 577 598 …PETITIONER (BY SRI. RAVI H.K., ADVOCATE) AND:
THE STATE OF KARNATAKA, BY THE POLICE INSPECTOR, HIGH GROUNDS POLICE STATION, REP BY S.P.P., BENGALURU - 560 001 …RESPONDENT (BY SRI. VENKAT SATHYANARAYAN, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN RESPECT OF THE CR.NO.83/2024 VIDE CC.NO.22422/2024 AND SC.NO.902/2024 OF RESPONDENT HIGH GROUNDS P.S., FOR THE ALLEGED OFFENCES P/U/S 365, 376, 366, 323, 504, 506 R/W 120(B) OF IPC, PENDING ON THE FILE OF LIII ADDL. CITY CIVIL AND SESSIONS SPECIAL JUDGE AT BENGALURU BY ALLOWING THIS CRL.P.
Digitally signed by SWAPNA V Location: high court of karnataka
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NC: 2025:KHC:7417 CRL.P No. 14263 of 2024
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.83/2024 of High Grounds Police Station, pending in S.C.No.902/2024, on the file of the learned LIII Additional City Civil and Sessions Special Judge, Bengaluru, registered for the offences punishable under Sections 365, 376, 366, 323, 504, 506 read with 120B of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Gouthami V.
2. Heard Sri. Ravi, H.K, learned counsel for the petitioner and Sri. Venkat Sathyanarayan, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would arise for my consideration is:
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NC: 2025:KHC:7417 CRL.P No. 14263 of 2024
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
4. The petitioner being accused No.1 is seeking grant of bail. He was apprehended on 20.04.2024 and since then, he is in judicial custody.
5. The sister of the victim lodged the first information against the petitioner and others alleging commission of offences as stated above. Investigation was undertaken and the charge sheet came to be filed for the above said offences. It is stated that the victim is a specially ebeled girl handicap. The petitioner was having cordial relationship with her when she was studying PUC. Later, since the petitioner came to Bengaluru for his studies, there was breakup between the two. Subsequently, since the victim girl got Government job, the petitioner started contacting her and pressurizing her to marry him. When the victim girl refused to do so, he has forcibly kidnapped her with the assistance of the co-accused,
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NC: 2025:KHC:7417 CRL.P No. 14263 of 2024
committed penetrative sexual assault, and criminally intimidated to cause her death.
6. Even though, it is contended that accused Nos. 2 to 5 are already enlarged on bail, the allegations made against them are entirely different as it is the contention of the prosecution that that co-accused have only assisted accused No.1 in kidnapping the victim girl. But the allegations against the present petitioner are of serious nature.
7. It is also brought to the notice that the victim girl has earlier filed the complaint against the petitioner stating that he is repeatedly calling her and harassing her. Victim is hardly aged 23 years. It is stated that the charge is already framed and the matter is set down for evidence. If in the meantime, the petitioner is enlarged on bail, that will definitely traumatize and dissuade the victim, and the material witnesses from deposing before the Court. Hence, I am of the opinion that the petitioner is not entitled for grant of bail.
8. Accordingly, I answer the above point in the negative and proceed to pass the following:
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NC: 2025:KHC:7417 CRL.P No. 14263 of 2024
ORDER
The petition is dismissed.
At this stage, learned counsel for the petitioner prays reserving liberty to move the Trial Court for grant of bail, after examination of material witnesses.
Liberty is reserved as prayed for.
Sd/- (M G UMA) JUDGE
SPV List No.: 2 Sl No.: 10