Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 74340 (KAR)

MANJUNATH K B @ MANJUNATH GOWDA v. STATE BY

CRL.P/13509/2025 · 2025-11-26

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48908 CRL.P No. 13509 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13509 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MANJUNATH K B @ MANJUNATH GOWDA S/O BYLAPPA, AGED ABOUT 49 YEARS, R/AT. NO.27, VAJAYAKAYA NILAYA, 2ND CROSS, NEAR BASAVAMMA TEMPLE, KITTANAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT-562 130. …PETITIONER (BY SRI. B N MAHESH CHANDRA, ADVOCATE FOR SRI MANIKANTA H B.,ADVOCATE) AND: 1. STATE BY MADANAYAKANAHALLI PS, BENGALURU RURAL DISTRICT -562 162 [REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE] …RESPONDENT (BY SMT. RASHMI PATEL., HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48908 CRL.P No. 13509 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST FOR AN ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 74, 75, 115(2), 351(2), 352, 308 R/W 3(5) OF BNS ACT, 2023 REGISTERED UNDER CR.NO.513/2025, MADANAYAKANAHALLI P.S, BENGALURU RURAL DISTRICT, AND PENDING ON THE FILE OF ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT, NELAMANGALA, BENGALURU RURAL DISTRICT, BY IMPOSING SUCH CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT WHICH THE PETITIONER ARE READY TO ABIDE IN THE INTEREST OF JUSTICE AND EQUITY. 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 accused No.1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.513/2025 of Madanayakanahally Police Station registered for the offences punishable under Sections 74, 75, 115(2) 351(2), 352, 308 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:48908 CRL.P No. 13509 of 2025 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/state. 3. The learned counsel for petitioner would contend that, the incident has taken place on 15.06.2025, and the complaint has been filed on 16.06.2025, and there is a delay in filing the complaint. The injured sustained only simple injury, and has been discharged from the hospital. Accused No. 2, who is the wife of this petitioner, has been granted anticipatory bail by the Sessions Court. The petitioner is ready to cooperate with the police in investigation, and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent/State would contend that, the statement of victim has been recorded under Section 183 - 4 - HC-KAR NC: 2025:KHC:48908 CRL.P No. 13509 of 2025 of BNS, 2023, wherein she has specifically stated the acts of the petitioner. The investigation is in progress. In spite of issuance of notice thrice, the petitioner has not appeared before the Investigating Officer for interrogation. She further submits that as per wound certificate, the injured has sustained one simple injury. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. On the complaint of one Smt. Nirmala, a case has been registered against the petitioner and accused No.2 in Crime No.513/2025 of Madanayakanahally Police Station for the offences punishable under Sections 74, 75, 115(2), 351(2), 352, 308 read with 3(5) of BNS, 2023. 7. The accused No.2 has been granted anticipatory bail by the Sessions Court. There is an allegation in the first information that, this petitioner has assaulted the first - 5 - HC-KAR NC: 2025:KHC:48908 CRL.P No. 13509 of 2025 informant, and abused her and behaved in an indecent manner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The injured has sustained only one simple injury. The petitioner has undertaken to cooperate with the investigation and abide by any conditions to be imposed by this Court. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.513/2025 of Madanayakanahally Police Station registered for the offences punishable under Sections 74, 75, 115(2) 351(2), 352, 308 with 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. - 6 - HC-KAR NC: 2025:KHC:48908 CRL.P No. 13509 of 2025 a) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day, and shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the sum to the satisfaction of the Investigating Officer. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall cooperate with the Investing Officer in the investigation. d) The petitioner shall appear before the Investigating Officer whenever called for. e) The petitioner shall appear before the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1