Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 39573 (KAR)

MR.R.NAGARAJA CHARI v. STATE OF KARNATAKA BY

CRL.P/12292/2025 · 2025-09-25

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38977 CRL.P No. 12292 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12292 OF 2025 BETWEEN: MR.R.NAGARAJA CHARI S/O. S. M. RAMA CHARI, AGED ABOUT 56 YEARS, R/AT NO.01, AASHTI APARTMENTS, NO 125/6, 14TH MAIN 17TH A CROSS, BRAHMA KUARI ROAD, BEHIND VIJAYA WHEEL ALIGHMENT, J. P. NAGAR, 5TH PHASE, BENGALURU 560078 …PETITIONER (BY SRI. MADHUMALATHI S.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO KAGGALIPURA PS, BENGALURU 560082 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560001. 2. SMT. JANAVI C/O KRISHNA NAIDU, AGED ABOUT 38 YEARS, R/O K GOLLAHALLI VILLAGE, NALKUKUMBA, KENGERI HOBLI, BANGALORE SOUTH, BENGALURU 560 060. …RESPONDENTS (BY SRI. R. RANGASWAMY., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38977 CRL.P No. 12292 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST 0251/2025 FOR ALLEGED OFFENCES PUNISHABLE U/S 69, 329(4), 115(2), 119(2), 351(2), 351(3), 190 OF BNS, 2023, REGISTERED BY RESPONDENT/ KAGGALIPURA PS, NOW PENDING ON THE FILE OF JUDICIAL MAGISTRATE (2ND ACJM), HONBLE 2ND ADDL.CHIEF BANGALORE RURAL DISTRICT, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR in Crime No.251/2025 of Kaggalipura Police Station, Ramanagara, is registered against the petitioner, his wife and others for the offence punishable under Section 69, 329(4), 115(2), 119(2), 351(2), 351(3), 190 of the BNS, 2023. 2. Petitioner is arraigned as accused No.1 and his wife is arraigned as accused No.2, in the FIR. Apprehending arrest, they preferred Crl.Misc.No.1428/2025 before the Sessions Court. The said petition for anticipatory bail was allowed in part. Prayer in so far as accused No.2 was allowed and the prayer for - 3 - HC-KAR NC: 2025:KHC:38977 CRL.P No. 12292 of 2025 anticipatory bail was rejected in respect of petitioner/accused No.1. 3. The first informant is the victim. In her complaint, she has alleged that petitioner/accused No.1 rented his house to her. She initially paid advance of Rs.50,000/- followed by another advance of Rs.2,00,000/-. Although, he promised to execute a lease agreement, he failed to execute any agreement. Thereafter, he developed romantic relationship with her and with a promise of marriage, sexually exploited her. On 08.07.2025 at about 05:00 to 06:00 p.m., petitioner along with his wife and other rowdy ailments, came to the house, snatched her gold chain weighing 15 grams, threw all the household articles, assaulted and kicked her and drove her out and locked the house. 4. As per complaint averments, petitioner rented his house to the complainant, receiving a total sum of Rs.2,50,000/- and on various occasions, took money from the complainant to the tune of Rs.10,00,000/-. The - 4 - HC-KAR NC: 2025:KHC:38977 CRL.P No. 12292 of 2025 allegations that thereafter, he developed romantic relationship with the complainant and exploited her sexually, is a matter which has to be established in due course. It is not stated in the complaint as to when the victim started staying in the house of the petitioner as a tenant and as to when she was sexually exploited etc. The mode of payment is also not specified. Complaint is lodged on 09.07.2025. Admittedly, complainant is a major, aged about 38 years. It is alleged, on 08.07.2025, the complainant was forcibly evicted from the house, which appears to be the reasons which prompted her to lodge the complaint against petitioner, his wife and others. Statement of the victim is already recorded under Section 183 of the BNSS, 2023. The allegations in the complaint have to be established in accordance with law. 5. Petitioner has no criminal antecedents. In the facts and circumstances, by imposing necessary conditions, the relief sought in the petition can be granted. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:38977 CRL.P No. 12292 of 2025 ORDER i) Petition is allowed. ii) Petitioner/accused No.1 in Crime No.251/2025 of Kaggalipura Police Station, Ramanagara, is ordered to be released, in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:38977 CRL.P No. 12292 of 2025 e) He shall be regular in attending the Court proceedings. Observations made in the order is confined to the disposal of the petition. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 24