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2025 DAILYLAW 64292 (KAR)

SHRINIVAS ALIAS SHEENU S/O SIDDARAM SHIRAGUPPI v. THE STATE OF KARNATAKA

CRL.P/103240/2025 · 2025-09-03

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11255 CRL.P No. 103240 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103240 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI. SHRINIVAS @ SHEENU S/O SIDDARAM SHIRAGUPPI, AGE. 28 YEARS, OCC. AUTO DRIVER, R/O. SIDDRAM NAGAR, GOPANKOPA, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 023. … PETITIONER (BY SRI. MALLESHI S. YADAHALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, KESHWAPUR P.S. (REPRESENTED BY), REP. BY SPP, HIGH COURT BUILDING, DHARWAD-580 008. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THIS PETITION, GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 IN CRIME NO.118/2025 REGISTERED BY KESHWAPUR P.S. HUBBALLI, DHARWAD NOW PENDING ON THE FILE OF J.M.F.C.-II COURT- HUBBALLI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 126(2), 351(2), 351(3), 74, 78, 3(5) OF BNS 2023, PENDING INVESTIGATION AND TRIAL OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11255 CRL.P No. 103240 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.2 in Crime No.118/2025 registered by Keshavapur Police Station, Hubballi-Dharwad City, for the offences punishable under Sections 109, 126(2), 351(2), 351(3), 74, 78, 3(5) of BNS, 2023, is before this court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.118/2025 was registered by Keshavapur Police Station, Hubballi-Dharwad City, for the aforesaid offences against Husensab Rajesab Nadaf and the petitioner herein based on the first information dated 12.07.2025 received from Revati, who is the injured victim in the present case. During the course of investigation, petitioner herein was arrested on 12.07.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.5432/2025 was rejected on 01.08.2025. Therefore, petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:11255 CRL.P No. 103240 of 2025 4. Perusal of the material on record would go to show that in the first information which is submitted by the injured victim, she has stated that she is living with her minor child separately after her husband had deserted her. She got acquainted to accused no.1, who subsequently started pestering her to love him. She, however, had refused his proposal. On 11.07.2025, she had received a phone call from the petitioner who had abused her for blacklisting the phone number of accused no.1 and also asked her to love accused no.1, failing which, he threatened of dire consequences to her life. She had disconnected the said phone call. Subsequently, she once again received a call from the very same number and when she received the phone call, accused no.1 spoke to her and criminally intimidated her if she does not love him. Thereafter, on the same day at about 6.50 p.m., when she was riding her scooty in which her friend Mumtaz was the pillion rider, accused nos.1 & 2 intercepted her scooty and after abusing her, accused no.1 tried to strangulate her neck with the help of the veil which she was wearing and attempted to commit her murder. Her friend Mumtaz started shouting, and thereafter accused nos.1 & 2 escaped from the spot. It is under these circumstances, first informant had approached the police on - 4 - HC-KAR NC: 2025:KHC-D:11255 CRL.P No. 103240 of 2025 12.07.2025 and based on her first information, FIR was registered against accused nos.1 & 2. 5. Undisputedly, petitioner has no other criminal antecedents. The allegation of attempting to murder the first informant by strangulating her neck with the help of the veil which she was wearing is only as against accused no.1 who is said to have been arrested in the present case and remanded to judicial custody. 6. So far as the petitioner is concerned, allegation against him is about criminally intimidating the victim lady and also outraging her modesty in the alleged incident that had taken place at about 06.50 p.m. on 11.07.2025. Considering the nature of allegations found against the petitioner, I am of the opinion that his prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.118/2025 registered by Keshavapur Police Station, Hubballi-Dharwad City, for the offences punishable under Sections 109, 126(2), 351(2), 351(3), 74, 78, 3(5) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:11255 CRL.P No. 103240 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 21