MANJUNATH S/O KASHAPPA GORAVAR v. THE STATE OF KARNATAKA
CRL.P/101292/2025 · 2025-04-08
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44536 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44536 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:6199 CRL.P No. 101292 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.101292 OF 2025 (439(Cr.PC)/483(BNSS))
BETWEEN:
MANJUNATH S/O. KASHAPPA GORAVAR, AGE: 28 YEARS, OCC. COOLIE, R/O. NAGAVI VILLAGE, TQ. AND DIST. GADAG-582103. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA GADAG RURAL POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.
2. XXXXXXX AGE: 22 YEARS, OCC. STUDENT, R/AT: NAGAVI VILLAGE, TQ. AND DIST. GADAG-582103. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SMT. ANURADHA DESHAPANDE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL AS ATTACHED IN GADAG RURAL POLICE STATION CRIME NO.250/2024 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC-II, AT GADAG,
MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:07 +0530
- 2 -
NC: 2025:KHC-D:6199 CRL.P No. 101292 of 2025
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 64(2) (m), 69, 87, 49, 352, 351(3) R/W. SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri Gouri Shankar Mot, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Smt.Anuradha Deshpande, learned counsel for respondent No.2.
2. Petition is filed under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer:
“To enlarge the petitioner/accused No.1 on bail as attached in Gadag Rural Police Station Crime No.250/2024 pending on the file of II Addl. Civil Judge and JMFC- II, at Gadag, for the offence punishable under Sections 64(2) (m), 69, 87, 49,
- 3 -
NC: 2025:KHC-D:6199 CRL.P No. 101292 of 2025
352, 351(3) R/W. Section 3(5) of Bharatiya Nyaya Sanhita, 2023.”
3.
Facts in brief which are necessary for disposal of the petition are as under:_
Victim lady lodged a complaint with Gadag Rural police alleging the commission of the offences punishable under Sections 64(2) (m), 69, 87, 49, 352, 351(3) R/W. Section 3(5) of Bharatiya Nyaya Sanhita, 2023. The gist of the complaint averments revealed that in the guise of promise to marry, petitioner said to have developed intimacy and had the physical relationship with the complainant and he failed to fulfill the promise of marriage, resulting in commission of aforesaid offences.
Accused was arrested on 13.12.2024 and after thorough investigation, jurisdictional police have filed a charge sheet for the above side offences. Taking note of the age of the victim lady, the accused cooperated with the investigation agency in furnishing the necessary samples, this Court is of the considered opinion that
- 4 -
NC: 2025:KHC-D:6199 CRL.P No. 101292 of 2025
continuation of the accused- petitioner in the judicial custody is no longer warranted.
4. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions.
5. Accordingly, following order is passed:-
ORDER (i) The criminal petition is allowed. (ii) The Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the likesum to the satisfaction of the learned Trial Court. (iii) The petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) The petitioner shall not indulge in similar offences. (vi) Petitioner shall not leave the jurisdiction of Gadag District without prior permission.
- 5 -
NC: 2025:KHC-D:6199 CRL.P No. 101292 of 2025
Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly.
Sd/- (V.SRISHANANDA) JUDGE
VMB CT:PA List No.: 1 Sl No.: 10