Karnataka High Court
Kemparaju L vs State Of Karnataka on 8 November, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:40003
CRL.P No. 9906 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9906 OF 2023
BETWEEN:
KEMPARAJU. L,
S/O LINGARAJU K,
AGED ABOUT 26 YEARS,
R/AT NO.272, DYAVAPATTANA VILLAGE,
B.G. PURA HOBLI, MALAVALLI TALUK,
MANDYA DISTRICT - 571 471.
...PETITIONER
(BY SRI. SHARATH J.M, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY CHANNAPATANA TOWN POLICE STATION,
Digitally
REPRESENTED BY THE SPP,
signed by B A HIGH COURT BUILDING,
KRISHNA
KUMAR HIGH COURT OF KARNATAKA,
Location: BENGALURU - 560 001.
HIGH COURT
OF ...RESPONDENT
KARNATAKA
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.99/2023 OF CHANNAPATNA TOWN P.S.,
RAMANAGAR FOR THE OFFENCE P/U/S.306, 327, 323, 504, 506
OF IPC PENDING ON THE FILE OF THE I ADDITIONAL CIVIL
JUDGE (Jr.Dn.) AND JMFC CHANNAPATANA, RAMANAGARA
DISTRICT.
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NC: 2023:KHC:40003
CRL.P No. 9906 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused in Crime No.99/2023 registered by Channapatna Town Police Station, Ramanagara for the offence punishable under Sections 306, 327, 323, 504, 506 IPC and sections 67 and 67(A) of Information Technology Act, 2008 is before this Court under Section 438 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. On the complaint dated 02.09.2023 lodged by Smt. Latha Kumari, W/o. Late Prakash, FIR in Crime No.99/2023 was registered by Channapatna Town Police, Ramanagara against the petitioner for the aforesaid offences. It is averred in the complaint that the complainant's husband Prakash had availed loan from S.K.S Finance, Channapatna and the petitioner who was working in the said Finance company was pestering her husband to repay the loan amount. It is also averred that the petitioner was threatening the complainant's husband -3- NC: 2023:KHC:40003 CRL.P No. 9906 of 2023 and also his family members with dire consequences to their life. On 23.08.2023, the petitioner allegedly had taken the earrings of the complainant and on 30.08.2023, the petitioner allegedly had demanded a sum of Rs.5,000/- from the complainant and when she informed him that she is not in a position to pay the amount, he tried to forcibly take her Mangala Sutra. With regard to the incident that had taken place on 30.08.2023, the complainant had approached the police, but only NCR case was registered. Thereafter, the petitioner allegedly has uploaded obscene edited photos of the complainant on the mobile phone of the complainant's husband. The complainant-husband, therefore, had committed suicide by hanging himself on 02.09.2023 in his house and in this background, the complainant had approached the police and lodged the complaint which had resulted in registering FIR in Cr.No.99/2023. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.783/2023 before the III Addl. District and Sessions Judge, Ramanagara, which -4- NC: 2023:KHC:40003 CRL.P No. 9906 of 2023 was dismissed on 23.09.2023. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that the complaint averments lacks necessary ingredients for invoking the offence under section 306 IPC against the petitioner. The petitioner had demanded payment of loan dues from the complainant's husband. Undisputedly, the petitioner is working in the finance company from where the complainant's husband had borrowed the money. Therefore, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the bail application.
6. From the reading of the complaint averments, it is clear that the complainant's husband had borrowed loan from the finance company known as S.K.S. Finance at Channapatna. Undisputedly, the petitioner was working in the said Finance company. Therefore, if the petitioner has demanded repayment of the loan amount borrowed by the -5- NC: 2023:KHC:40003 CRL.P No. 9906 of 2023 complainant's husband, no fault can be found. In the complaint which was filed by the complainant on 30.08.2023, based on which, NCR was registered by the jurisdictional police, there is no allegation made against the petitioner about editing complainant's photos and uploading the same on the mobile phone of her husband. No such photographs have been retrieved from the mobile phone of the complainant's husband till date by the Investigation Officer. Under the circumstances, I am of the view that the petitioner has made out a case for grant of Anticipatory bail. Accordingly, I pass the following:
ORDER The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.99/2023 registered by Channapatna Town Police Station, Ramanagara for the offence punishable under Sections 306, 327, 323, 504, 506 IPC and sections 67 and 67(A) of Information Technology Act, 2008 subject to the following conditions: -6-
NC: 2023:KHC:40003 CRL.P No. 9906 of 2023
1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
Sd/-
JUDGE MN List No.: 1 Sl No.: 42 CT: BHK