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2025 DAILYLAW 83994 (KAR)

SHRINIVASA M v. STATE OF KARNATAKA

CRL.P/10279/2025 · 2025-08-06

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10279 OF 2025 BETWEEN: SHRINIVASA M. S/O LATE MUNISWAMY, AGED ABOUT 35 YEARS, R/AT. 922, OLD NAVILU ROAD, NEAR GOVERNMENT PRIMARY SCHOOL, BELLATHURU COLONY, KADUGODI, BENGALURU-560 067. …PETITIONER (BY SRI. SUNIL KUMAR PATEL, ADVOCATE) AND: STATE OF KARNATAKA BY KADUGODI PS, BENGALURU-560 067, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED/PETITIONER/SHRINIVASA M., ON REGULAR BAIL, IN CRIME NO.256/2025, ON THE FILE OF KADUGODI P.S./RESPONDENT POLICE, FOR THE OFFENCES PUNISHABLE U/S 69, 308(1), 308(2) & 351(2) OF BNS, 2023, ON THE FILE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 OF ADDL. CHIEF JUDICIAL MAGISTRATE (ACJM), BENGALURU RURAL DIST., AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused in Crime No.256/2025 of Kadugodi Police Station registered for the offence punishable under Section 308(1), 308(2), 351(2) and 69 of BNS, 2023 has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail. 2. Heard both sides and perused the material on record. 3. It is averred in the complaint that the complainant, Smt. Ramyabai, resides with her mother and minor daughter. She married Pratap Singh in 2014. After a few months of cordial marital life, her husband allegedly neglected conjugal relations and began harassing her. In 2016, while complainant was seven months pregnant, she - 3 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 returned to her parental home. Divorce proceedings are presently pending before the Family Court. In 2019, the complainant shifted to Kadugodi, Bengaluru, for employment and joined as a receptionist at a CSE Digital Service Centre run by Srinivas i.e., Petitioner herein. They became acquainted, shared personal matters, and she learned that the petitioner was also a divorcee. They later decided to marry with their families’ consent. Believing his assurance, the complainant began residing with him in a rented house near Kashi Vishwanath Temple, Kadugodi. It is alleged that petitioner, on the promise of marriage, had sexual intercourse with the complainant, secretly recorded intimate moments, and thereafter threatened to publicise the videos unless she paid money. In fear, she handed over all her gold ornaments and `1,00,000/-. Despite this, petitioner allegedly continued his harassment and demands, leading her to lodge a complaint at Kadugodi Police Station. Subsequently, on 06.04.2023, Petitioner allegedly threatened her over the phone that he would - 4 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 upload the videos if she did not return to him. When she went back, he sexually assaulted her and took 25 grams of her gold ornaments. The complainant again left him; however, he repeatedly came to her mother’s house, quarreled with her, and a further complaint was lodged at Malur Police Station. It is further alleged that Petitioner created a Facebook account in her name without consent, used her email ID, linked his phone number to her records, altered her name online to “Ramyashree”, and on 31.05.2025, petitioner called and threatened her cousin Jagannath Singh to pay money or the videos would be uploaded on the said Facebook account. 4. It is alleged in the complaint that with a promise of marriage, the petitioner started living with the complainant in the same house, during which time he sexually exploited her and recorded the intimate moments in the mobile phone and thereafter, started blackmailing her etc. Further, he created facebook ID in her name and linked her Aadhar card with his mobile number and on - 5 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 31.05.2025 called her cousin Jagannath Singh using her mobile number and demanded money and threatened that he will upload the videos on facebook etc. 5. It is pertinent to see that prior to lodging of the complaint, three more cases were registered against the petitioner at the behest of the victim. A case in Crime No.461/2023 was registered at Malur Police Station on 02.11.2023 against the petitioner for the offence punishable under Section 506, 504, 323, 324, 448 of IPC. Crime No.92/2023 was registered at Kadugodi Police Station on 09.04.2023 for the offence punishable under Section 354(c), 427, 506, 341, 323, 354 r/w 34 of IPC, and Crime No.58/2024 was registered at Halasurgate Police Station on 30.03.2024 for the offence punishable under Section 504, 324, 354, 506(b) of IPC. 6. In the complaint lodged on 02.11.2023 in Crime No.461/2023 at Malur Police Station, the victim has not alleged sexual assault etc., committed by the petitioner. In the complaint lodged on 09.04.2023, registered in - 6 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 Crime No.92/2023 of Kadugodi Police Station, certain allegations are made as alleged in the present complaint. It is not in dispute that in the said case, the petitioner has been enlarged on bail. In the subsequent complaint lodged on 30.03.2024 registered in Crime No.58/2024 at Halasurgate Police Station, once again the petitioner has not alleged any sexual assault committed on her. It is alleged in respect of the incident which took place on 06.03.2024, that the petitioner has abused the complainant in vulgar language and assaulted her with chappal etc. In the said case, police after investigation has filed a ‘B’ report. 7. In the case on hand, in respect of an incident which took place on 31.05.2025, it is alleged that this petitioner called one Jagannath Singh, complainant’s cousin and threatened that if money as demanded by him was not paid, he will upload certain videos on facebook. - 7 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 8. The allegations have to be established in due course. The petitioner is in custody from 12.06.2025. He is already interrogated and not required for further interrogation/investigation. In the facts and circumstances, by imposing conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.256/2025 of Kadugodi Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 8 - HC-KAR NC: 2025:KHC:30588 CRL.P No. 10279 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 35