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2025 DAILYLAW 55720 (KAR)

SRI. NATARAJU M M v. THE STATE BY

CRL.P/12914/2025 · 2025-09-25

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38906 CRL.P No. 12914 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. 12914 OF 2025 BETWEEN: SRI. NATARAJU M.M. S/O. M.S. MAYANNA, AGED ABOUT 50 YEARS, WORKING AS PROFESSOR, DEPARTMENT OF MECHANICAL ENGINEERING, DR. B.R. AMBEDKAR INSTITUTE OF TECHNOLOGY, NAGARABHAVI, BANGALORE-560 056, RESIDING AT NO.52, 1ST CROSS, 1ST MAIN, R.R. LAYOUT, NAGADEVANAHALLI, BANGALORE-560 056. …PETITIONER (BY SRI. SATISH K., ADVOCATE) AND: 1. THE STATE BY JNANABHARATI POLICE STATION, REPRESENTED BY ITS SUB INSPECTOR OF POLICE, BANGALORE DISTRICT-560 056. REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38906 CRL.P No. 12914 of 2025 2. MS. PARVATHI D/O MAHADEVA, AGED ABOUT 45 YEARS, RESIDING AT NO.253A, DODDA NAYAKARA BEEDI, KOLLEGALA TOWN, CHAMARAJANAGARA-571 440. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP, FOR R1; SRI. YOGEESH N.C., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO: A) CALL FOR RECORDS FROM RESPONDENT – POLICE IN CRIME NO.356/2025; B) ENLARGE THE PETITIONER ON BAIL IN CRIME NO.356/2025 REGISTERED BY THE RESPONDENT - JNANABHARATI POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 75, 76, 115(1), 351(2), 352 OF BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF 6TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, BENGALURU CITY (ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.356/2025 of Jnanabharathi Police Station, registered for the offence punishable under Section 115(2), 351(2), 352, 76 and 75 of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:38906 CRL.P No. 12914 of 2025 2. Heard both sides and perused the material on record. 3. The complainant/victim has alleged in her complaint about the physical and sexual assault committed against her by the petitioner. It is alleged that about a month prior, she came and stayed in her sister’s house to look after their daughter and after about a week, the petitioner, her brother-in-law started insisting her to have a sexual relationship with her and whenever she resisted, he abused and threatened her. Further, on 08.08.2025, when there was no one in the house, petitioner sought sexual favour and when she refused, dragged and assaulted her with his hands etc. 4. It is contended by the learned counsel for petitioner that the entire allegations are false. He contended that there is a matrimonial dispute between the petitioner and his wife. The complainant is his wife’s sister and she without petitioner’s consent, started staying in his - 4 - HC-KAR NC: 2025:KHC:38906 CRL.P No. 12914 of 2025 house and when the petitioner asked her to leave the house, lodged a false complaint against him. 5. Learned counsel appearing for respondent No.2 has contended that there are prima facie materials against the petitioner and the video footages also confirm that the complainant was brutally assaulted by the petitioner. He therefore, contended that if the petitioner is granted bail, he may threaten the victim and other witnesses. 6. The learned High Court Government Pleader has contended that the investigation is under progress and therefore, if the petitioner is enlarged on bail, he may try to influence the prosecution witnesses and threaten the victim and thereby hamper the case of prosecution. 7. There are allegations made in the complaint that the petitioner has committed sexual assault on the victim and when she refused to accede to his request for sexual favours, he assaulted her etc. According to the learned counsel for the petitioner, there is a matrimonial - 5 - HC-KAR NC: 2025:KHC:38906 CRL.P No. 12914 of 2025 dispute between the petitioner and his wife, and the victim, sister of his wife started staying in the house without his consent and only when he told her to leave the house, there was a quarrel which has led to filing a false complaint against the petitioner. 8. The petitioner was arrested on 11.08.2025. He is in judicial custody since then. Allegations in the complaint have to be established in due course. Learned counsel for respondent No.2 has relied on certain photographs and argued that in the said photographs the petitioner was seen assaulting the victim. The said incident of assault took place on 08.08.2025. As per the wound certificate, the victim has sustained a minor injury. It is submitted by the learned counsel that presently the complainant is not staying in the house of petitioner. 9. In the above facts and circumstances, the relief sought by the petitioner can be granted by imposing necessary conditions. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:38906 CRL.P No. 12914 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.356/2025 of Jnanabharathi Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute 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 jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. - 7 - HC-KAR NC: 2025:KHC:38906 CRL.P No. 12914 of 2025 Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 35