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2025 DAILYLAW 78763 (KAR)

MANJUNATHA N v. THE STATE OF KARNATAKA

CRL.P/10001/2025 · 2025-07-25

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28564 CRL.P No. 10001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10001 OF 2025 BETWEEN: 1. MANJUNATHA N AGED ABOUT 37 YEARS S/O. CHINNANARASIMHAPPA, SHEEGALAPALLI VILLAGE, SOMANATHAPURA, CHIKKABALLAPURA - 561212 2. RAMESH S.N., AGED ABOUT 29 YEARS S/O. CHINNANARASIMHAPPA, SHEEGALAPALLI VILLAGE, SOMANATHAPURA, CHIKKABALLAPURA 561212 …PETITIONERS (BY SRI. MADDIREDDY G S., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH PATAPALYA P.S. CHIKKABALLAPURA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS MEMORANDUM OF CRL.P AND BE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28564 CRL.P No. 10001 of 2025 PLEASED TO DIRECT THE RESPONDENT PATAPALYA P.S., CHIKKABALLAPURA DISTRICT, IN THE EVENT OF ARREST BY THE RESPONDENT PATAPALYA POLICE IN CR.NO.50/2025 DTD 24.06.2024, FOR THE OFFENCES P/U/S 108 R/W 3(5) OF THE BNS, PENDING BEFORE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, BAGEPALLI, THE PETITIONERS SHALL BE RELEASED ON ANTICIPATORY BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.50/2025 registered by Patapalya Police Station, Chikkaballpura for the offences punishable under Sections 108 r/w 3(5) of BNS, 2023 are before this Court under 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in crime No.50/2025 was registered by Patapalya Police Station for the aforesaid offences against the petitioners based on the first information dated 11.06.2025 received from S.G.Srinivasa S/o. Gangulappa, who is the father - 3 - HC-KAR NC: 2025:KHC:28564 CRL.P No. 10001 of 2025 of Smt.Gauthami. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.382/2025 before the jurisdictional Sessions Court, which was rejected on 09.07.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that marriage of deceased Smt.Gowthami was performed with accused No.1 about 8 years prior to the alleged date of incident in the present case and from the said wedlock, they have two children. In the first information, it is alleged that accused No.1, who is the husband of the deceased had suspected her chastity and therefore, he was quarreling with her. It is further averred in the first information that there was panchayat held and in the said panchayat, petitioner as well as Gowthami were advised. On 11.06.2025, Gowthami had poured kerosene on her and lit fire. Immediately, thereafter, she was shifted to hospital and in the said hospital, she died on 23.06.2025. Thereafter, her father, who is the first informant in the present case, had approached the police on 24.06.2025 and based on his first information, FIR was registered against the petitioners. Considering the averments found in the first information, - 4 - HC-KAR NC: 2025:KHC:28564 CRL.P No. 10001 of 2025 prima-facie it cannot be said that the petitioners had either abated or instigated the deceased to commit suicide. Petitioners have undertaken to co-operate with the police for the purpose of investigation. Therefore, I am of the opinion that prayer made by the petitioners for grant of anticipatory bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The respondent-Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their in Crime No.50/2025 of Patapalya Police Station, Chikkaballpura for the offences punishable under Sections 108 r/w 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - HC-KAR NC: 2025:KHC:28564 CRL.P No. 10001 of 2025 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE VM List No.: 1 Sl No.: 52