Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 69170 (KAR)

GADIGEPPA v. THE STATE OF KARNATAKA

CRL.P/14603/2025 · 2025-11-19

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47607 CRL.P No. 14603 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14603 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. GADIGEPPA S/O BORAPPA AGED ABOUT 57 YEARS R/AT HOUSE No.802/3 1ST MAIN, B BLOCK BEHIND HALE JAYANAGARA CHURCH SARASWATHI NAGAR, NITTUVALLI DAVANAGERE -577 022. …PETITIONER (BY SRI SUDHANVA D S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KTJ NAGARA POLICE STATION REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.186/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2),118(1),54,352,351(2),190, 75(2),74,75(3) OF THE BNS, 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47607 CRL.P No. 14603 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.186/2025 of KTJ Nagar Police Station registered for offences punishable under Sections 115(2), 118(1), 54, 352, 351(2), 190, 75(2), 74, 75(3) of BNS, 2023. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that accused Nos.2 to 10 have been granted anticipatory bail by the Sessions Court. The maximum punishment provided for the aforesaid offences is imprisonment for 05 years. The incident has taken place on 02.09.2025 and the FIR has been registered on 22.09.2022 and there is a delay in filing the complaint. - 3 - HC-KAR NC: 2025:KHC:47607 CRL.P No. 14603 of 2025 The petitioner is a Government School teacher and he is aged about 57 years and complainant is aged about 50 years. The husband of the complainant is working as ASI in Women Police Station. At his instance, a false complaint has been filed. The petitioner is ready to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that this petitioner is alleged to have shown his private part in a public place to a woman and threatened to commit rape on her. The investigation is in progress. With this, he prayed to reject the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. On perusal of contents of first information, there were quarrels between the petitioner and the - 4 - HC-KAR NC: 2025:KHC:47607 CRL.P No. 14603 of 2025 complainant with regard to throwing of waste. The offences alleged against the petitioner are not punishable either with death or imprisonment. The petitioner is working as assistant teacher in Government school and his presence can be secured easily for investigation and Trial. The petitioner has undertaken to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is ordered to be enlarged on bail in the event of his arrest in Crime No.186/2025 of KTJ Nagar Police Station subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:47607 CRL.P No. 14603 of 2025 a) The petitioner –accused No.1 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.1 shall cooperate with the Investigating Officer in the investigation. c) The petitioner –accused No.1 shall appear before the Investigating Officer whenever called for. d) The petitioner –accused No.1 shall not directly or indirectly make an inducement or threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 12 Ct.sm