Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 39808 (KAR)

C K MANJUNATH v. STATE OF KARNATAKA

CRL.P/10213/2025 · 2025-07-25

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28565 CRL.P No. 10213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10213 OF 2025 BETWEEN: 1. C.K. MANJUNATH AGED ABOUT 66 YEARS S/O. LATE C.K.KRISHNA MURTHY, PROFESSION: ADVOCATE, M.Q.ROAD, NEAR POST OFFICE, PERIYAPATNA TOWN, MYSORE DISTRICT-571107 2. SHOURY BHARADWAJ H V C/O. VENKATARAMANA H T AGED ABOUT 39 YEARS R/AT NO.237, SANNIDHI LAKE SHORE HOMES, BEHIND LACASA BREWERY PLUS KICHEN, KASAVANAHALLI OFF SARJAPUR ROAD, BANGALORE SOUTH - 560035 …PETITIONERS (BY SRI. VINOD N, FOR SUNIL S NARAYAN., ADVOCATES) AND: STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28565 CRL.P No. 10213 of 2025 BAIL i.e., ACCUSED NO.1 AND 2 HEREIN IN CR.NO.250/2024 REGISTERED BY BYATARAYANAPURA PS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 118, 126, 351 OF BNS PENDING 46TH ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY AND IN THE EVENT OF ARREST RELEASE THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.250/2024 registered by Byatarayanapura Police Station or the offences punishable under Sections 109, 118, 126, 351 of BNS, 2023 are before this Court under 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.250/2024 was registered by Byatarayanapura Police Station for the aforesaid offences against the petitioner and others based on the first information dated 24.07.2024 received from injured victim namely Supreeth V.Rao. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.5868/2025 before the jurisdictional - 3 - HC-KAR NC: 2025:KHC:28565 CRL.P No. 10213 of 2025 Sessions Court, which was rejected on 15.07.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that first informant has not suffered any injuries in the present case. Accused No.1 is the father-in-law and accused No.2 is the co- brother of the first informant. There is some matrimonial disputes between the first informant and his wife and there are multiple cases pending between the family members. Therefore, a false complaint has been filed. 5. Per contra, learned HCGP has opposed the petition. 6. In the first informant submitted by Supreeeth V.Rao, he has alleged that accused No.1 and his henchmen had tried to assault him and commit his murder on 09.07.2024. He has stated that at about 2.30 a.m., on 09.07.2024, when he was returning from his factory, about four persons who were wearing monkey caps tried to assault him and he managed to dodge their attack and over power them. He has further alleged that the assailants assaulted him with hockey sticks and lathies and when he removed the monkey cap of one amongst the - 4 - HC-KAR NC: 2025:KHC:28565 CRL.P No. 10213 of 2025 assailant, he was surprised to see that it was his father-in-law. It is, under this circumstance, he has approached the police. Based on his first information, FIR was registered against the petitioner and others. 7. Learned counsel for the petitioners has produced material before this Court, which would prima facie goes to show that there is some matrimonial dispute between the first informant and his wife. Petitioner No.1 is the father-in-law and petitioner No.2 is the co-brother of the first informant. Considering the nature of the allegation and strained relationship between the parties, this Court has granted interim bail to the petitioners on 18.07.2025. 8. Learned counsel for the petitioners has submitted that petitioners have complied the bail conditions and they are co-operating with the police for the purpose of investigation. In respect of the alleged incident that had taken place on 09.07.2024, first information is belated lodged on 24.07.2024 and no satisfactory explanation is offered for the inordinate delay in approaching the police. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of - 5 - HC-KAR NC: 2025:KHC:28565 CRL.P No. 10213 of 2025 anticipatory bail is required to be answered in the affirmative. Accordingly, the following: ORDER 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 in Crime No.250/2024 of Byatarayanapura Police Station for the offences punishable under Sections 109, 118, 126, 351 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/- each with two sureties each 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 - 6 - HC-KAR NC: 2025:KHC:28565 CRL.P No. 10213 of 2025 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 VM List No.: 1 Sl No.: 55