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High Court of Karnataka · body

2025 DAILYLAW 87951 (KAR)

MANJUNATH v. THE STATE BY

CRL.P/11165/2025 · 2025-08-20

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32458 CRL.P No. 11165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11165 OF 2025 BETWEEN: 1. MANJUNATH AGED ABOUT 28 YEARS, S/O SIDDESH K., 2. BHAGYAMMA AGED ABOUT 54 YEARS, W/O SIDDESH K., BOTH ARE RESIDENTS AT RENUKA NILAYA, BEHIND AYAPPA TEMPLE, OORUKERE, TUMAKURU TALUK AND DISTRICT. 3. PUSHPA @ PUSHPAVATHI AGED ABOUT 37 YEARS, D/O KUMARASWAMY, W/O. RAJASHEKARA C., RESIDING AT DWARALU VILLAGE, LAKSHMI SAGARA POST, KASABA HOBLI, SIRA TALUK, TUMAKURU DISTRICT. 4. BHAIRAPPA @ SANNA BYRAPPA AGED ABOUT 45 YEARS, S/O NIAGARA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32458 CRL.P No. 11165 of 2025 R/AT GAJJIGARAHALLI, MADDAKANAHALLI POST, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572 106. …PETITIONERS (BY SRI. PRAVEEN C., ADVOCATE) AND: THE STATE BY TUMAKURU WOMEN POLICE STATION, TUMAKURU-572 101 REPRESENTED BY THE S.P.P HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN EVENT OF HIS ARREST BY THE RESPONDENT IN CRIME NO.119/2025, FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTION 376, 417, 504, 506 READ WITH 34 OF THE INDIAN PENAL CODE. ON THE COMPLAINT OF MADHU VEDA SHREE REGISTERED IN WOMEN POLICE STATION, TUMAKURU, PENDING BEFORE THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:32458 CRL.P No. 11165 of 2025 ORAL ORDER This petition is preferred under Section 482 of BNSS, 2023 seeking to release the petitioners on anticipatory bail in Cr.No.119/2025 of Tumakuru Women Police Station, Tumakuru, registered for the offence punishable under Section 376, 417, 506, 504 r/w 34 of IPC. 2. Heard the learned counsel for petitioners, learned High Court Government Pleader for respondent- State and perused the material on record. 3. As per complaint averments, the complainant/victim was working in L.M.Window Company. In the year 2023, she got acquainted with accused No.1. It is alleged that with a promise to marry, accused No.1 committed sexual intercourse with her on several times etc., and in the year 2025, when her mother wanted to perform her marriage with some other boy, petitioner threatened that he will come to the choultry and show her private pictures and messages. It is further alleged that - 4 - HC-KAR NC: 2025:KHC:32458 CRL.P No. 11165 of 2025 his mother and aunt telephoned her and refused to perform her marriage with accused No.1 and also abused and threatened her etc. 4. Petitioners counsel submitted that petitioner No.1/accused No.1 has been arrested and therefore, petition against petitioner No.1/accused No.1 has become infructuous. 5. Learned High Court Government Pleader has contended that investigation is under progress and if anticipatory bail is granted to petitioners 2 to 4, they may not co-operate with the investigation of the case. 6. Victim, who is present before the Court submits compromise talk is going on and she has no objection to grant the relief sought in the petition. 7. The main allegations are against petitioner No.1/accused No.1. The said accused is arrested and remanded to judicial custody. petition has become infructuous insofar as accused No.1 is concerned. Insofar - 5 - HC-KAR NC: 2025:KHC:32458 CRL.P No. 11165 of 2025 as the allegations against petitioners-2 to 4 are concerned, it is alleged that accused No.1 made phone call through accused Nos.2 and 3, who abused and threatened the complainant and refused to perform the marriage. 8. Prosecution has to establish its case against the petitioners in a full fledged trial. Considering the facts and circumstances, petitioners-2 to 4 can be granted bail by imposing necessary conditions. Hence, the following: ORDER 1. Petition is partly allowed. 2. Petition in respect of petitioner No.1/accused No.1 is dismissed as infructuous. 3. Petition is allowed in respect of petitioners-2 to 4/accused Nos.2 to 4 in Cr.No.119/2025 registered at Tumakuru Women Police Station, Tumakuru, shall be released in the event of their arrest, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:32458 CRL.P No. 11165 of 2025 a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with a surety for the likesum. b) They shall furnish their residential address and shall inform the I.O. in case of change in the address. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 47