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2025 DAILYLAW 77657 (KAR)

SRI ROOPESH GOWDA ALIAS ROOPESH v. STATE OF KARNATAKA

CRL.P/13063/2025 · 2025-10-10

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40051 CRL.P No. 13063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13063 OF 2025 BETWEEN: SRI. ROOPESH GOWDA ALIAS ROOPESH S/O. ANJANEYA GOWDA, AGED ABOUT 27 YEARS, R/AT. BAVARAHALLI VILLAGE, BANGARPET TALUK - 563 114. …PETITIONER (BY SRI. RENUKARADHYA R D., ADVOCATE) AND: STATE OF KARNATAKA BY BANGARPET POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA B, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDR SECTION 438 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 482 BNSS) PRAYING TO RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.192/2025 REGISTERED BY THE BANGARPET POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 352 AND 75(2) BNS, 2023, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, BANGARPET, KOLAR DISTRICT, KGF, BY ALLOWING THIS PETITION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40051 CRL.P No. 13063 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of anticipatory bail in respect of Crime No.192/2025 of Bangarpet Police Station registered for the offences punishable under Sections 115(2), 352 and 75(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional Special Public Prosecutor for the respondent - State. 3. Learned counsel for petitioner would contend that, the offence under Section 75(2) is non-bailable and it is punishable with imprisonment for three years and the offence under Sections 115(2) and 352 are bailable. The petitioner has also filed a counter complaint and it is registered in Crime No.193/2025 in the same Police Station against the son of the first informant and others. - 3 - HC-KAR NC: 2025:KHC:40051 CRL.P No. 13063 of 2025 In the said counter complaint, it is alleged that the son of the first informant and three other persons assaulted the petitioner and he has taken treatment in the Government Hospital at Bangarpet. The petitioner is ready to co-operate with the police in the investigation. The petitioner is ready to abide any terms and conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned Additional Special Public Prosecutor would contend that, twice the petition filed by the petitioner seeking anticipatory bail has been rejected by the Sessions Court. The investigation is in progress and if the petitioner is released on bail, he will hamper the investigation and tamper the prosecuting witnesses. Hence, he prayed to reject the petition. 5. Having heard the learned counsels appearing for parties, this Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:40051 CRL.P No. 13063 of 2025 6. It is alleged that on 30.06.2025 at about 5.00 p.m. the petitioner forcibly dragged the complainant and outraged her modesty by advancing sexual favour and that he will give money. Later, when the complainant along with her son and two others went to the petitioner, at that time, the petitioner abused the son of the complainant in filthy language and assaulted them. The offence alleged against the petitioner are not punishable either with death or imprisonment. The petitioner has undertaken to cooperate with the police in the investigation. The petitioner has also sustained injuries during the incident and he has filed a complaint which came to be registered in Crime No. 193/2025 in the same Police Station. Considering all these aspects, I am of the view that the petitioner is entitled for grant of anticipatory bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.192/2025 of - 5 - HC-KAR NC: 2025:KHC:40051 CRL.P No. 13063 of 2025 Bangarpet Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. iii) The petitioner shall cooperate with the Police in investigation and make himself available for interrogation whenever required. iv) The petitioner shall not threaten the prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 28 CT: BHK