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2025 DAILYLAW 82480 (KAR)

ANNAPURNA VISHWANATH v. THE STATE OF KARNATAKA

CRL.P/12361/2025 · 2025-10-23

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41745 CRL.P No. 12361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12361 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ANNAPURNA VISHWANATH S/O. PARAMESHWAR, AGED ABOUT 40 YEARS, R/AT NO. 4-554, V.B NAGAR, ANUMULA POST, NALGONDA, TELENGANA - 508377 …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PADUBIDRI POLICE STATION, UDUPI DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE-560001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.85/2025 OF PADUBIDRI POLICE STATION FOR THE OFFENCE P/U/S 78, 329(4), 351(3), 109 OF BNS PENDING ON THE FILE OF ADDITIONAL.SENIOR CIVIL JUDGE AND ACJM, UDUPI. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41745 CRL.P No. 12361 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 sole accused under Section 483 of Bharatiya Nyaya Sanhita, 2023 praying to grant bail in Crime No.85/2025 of Padubidri Police Station for the offences punishable under Sections 78, 329(4), 351(3) and 109 of BNS, 2023. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State. 3. The learned counsel for the petitioner would contend that, the petitioner is in judicial custody since 22.07.2025, and therefore, he is not required for custodial interrogation. The offences alleged against the petitioner except Section 109 of BNS, 2023 are bailable. The complainant has not sustained any external injury. The petitioner who is the resident of Hyderabad, is ready to cooperate with the police in investigation and abide by any terms and conditions to be - 3 - HC-KAR NC: 2025:KHC:41745 CRL.P No. 12361 of 2025 imposed by this Court. With this, he prayed to allow the petition. 4. The learned Additional State Public Prosecutor for the respondent - State would contend that there are two eye witnesses to the incident, and the investigation is in progress. The petitioner is from Hyderabad. If he is granted bail, he will hamper the investigation and tamper the prosecution witnesses, and he may abscond. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. The case came to be registered against the petitioner in Crime No.85/2025 of Padubidri Police Station for the aforesaid offences. The complaint is filed by one Smt.Vanitha. The said complainant, and the petitioner were having real estate business, and they were acquainted with each others. There is an allegation that, the petitioner forced the victim to divorce her husband and marry him, and he will - 4 - HC-KAR NC: 2025:KHC:41745 CRL.P No. 12361 of 2025 also divorce his wife. When she refused, he gave threat to her by using different phone numbers, and on the date of incident, he went to her house, and pushed the door, and pressed her neck and attempted to commit murder. 7. Upon perusal of the wound certificate made available by the learned Additional State Public Prosecutor for the respondent - State, the victim has not sustained any external injury. The major portion of the investigation is over. The apprehension of the prosecution is that if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses, and flee from justice by imposing stringent conditions. The petitioner has made out a prima facie case for grant of bail with the conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.85/2025 of Padubidri Police Station on the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.One lakh with one surety for the likesum of the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC:41745 CRL.P No. 12361 of 2025 b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall cooperate with the police in the investigation; d) The petitioner shall appear before the Trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 8