Karnataka High Court
Sri. Shivakumar @ Manjunath vs The State Of Karnataka on 10 September, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:36808
CRL.P No. 5360 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 5360 OF 2024
BETWEEN:
SRI. SHIVAKUMAR @ MANJUNATH
S/O SHIVA REDDY
AGED 27 YEARS
C/O GADIGEYAVARA HOUSE
VALMIKI CIRCLE
GANGAVATHI TOWN
KOPPAL DISTRICT.
...PETITIONER
(BY SRI. CHANDRASHEKHAR C. CHANASPUR.,ADVOCATE)
AND:
Digitally
signed by
NARASIMHA THE STATE OF KARNATAKA
MURTHY
VANAMALA THROUGH YELAHANKA PS
Location: POLICE STATION AUTHORITIES
HIGH
COURT OF BENGALURU 560 063
KARNATAKA
BY ITS SPP
HIGH COURT BUILDING
BENGALURU-01.
...RESPONDENT
(BY SRI.RANGASWAMY R., HCGP)
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NC: 2024:KHC:36808
CRL.P No. 5360 of 2024
THIS CRL.P IS FILED U/S.439 READ WITH SECTION 482
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRL.MISC.NO.2917/2024 (CR.NO.488/2023) OF YELAHANKA
P.S., FOR THE OFFENCE P/U/S 323,328,341 OF IPC,
BENGALURU CITY ON THE FILE OF THE XXXVII A.C.M.M
BENGALURU IN C.C.NO.2601/2024 BEFORE CCH72
BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioner and the learned High Court Government Pleader for the State and perused the material on record.
2. This petition is preferred under Section 439 of Cr.P.C. by the accused to enlarge him on bail in Crime No.488/2023 of Yelahanka Police Station, registered for the offence punishable under Sections 323, 328 and 341 of IPC.
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NC: 2024:KHC:36808 CRL.P No. 5360 of 2024
3. Complaint is lodged by one Siddappa Kapu S/o. Shivalingappa alleging that, his wife, Jnaneshwari has been working in one Medplus Medical store for the last four years. On 05.11.2023 at about 10.00 p.m. while she was returning home after closing the medical store, near Judicial Layout, the accused, due to old grudge, wrongfully restrained her and with an intention to kill her, kept a knife on her neck and forcibly administered sleeping tablets and also assaulted and caused injuries to her lips etc.
4. The statement of the victim was recorded on 08.11.2023 wherein, she has stated that the accused used to visit the medical shop for purchasing medicines and at that time they got acquainted with each other. The accused used to follow her and forcing her to love him. She had informed the matter to the employer of the accused and the accused was removed from the job and therefore, he was threatening her etc. -4- NC: 2024:KHC:36808 CRL.P No. 5360 of 2024
5. In her statement the victim has averred that on 05.11.2023 at about 9.50 p.m. after closing the medical store when she was proceeding on her bike, the accused stopped her and forced her to love him and forcibly administered 15-20 sleeping tablets, on account of which, she fell unconscious and hospitalized. She then informed the matter to her husband.
6. Learned counsel for the petitioner drawing the attention of the Court to the call details collected by the Investigating Officer during investigation, contended that the victim has made several calls to the accused which shows that both of them had close acquaintance with each other. He contended that entire allegations are false and only to cover up the close relationship between the accused and the victim, a false compliant has been lodged. -5-
NC: 2024:KHC:36808 CRL.P No. 5360 of 2024
7. Learned High Court Government Pleader has opposed the prayer for bail and sought to dismiss the petition.
8. A perusal of the complaint averment goes to show that the accused shifted the victim who was in an unconscious condition, in an auto. As per the further statement of the complainant recorded on 11.11.2023, he was informed by the accused that it was the victim herself who consumed the tablets. The victim was then shifted by the complainant to Yelahanka Government Hospital for treatment. In her statement, the victim has not alleged that the accused was in possession of a knife or he threatened her. As per the wound certificate, the injuries sustained by the victim are minor and simple in nature.
9. The accused is in judicial custody since 06.11.2023. Investigation is completed and charge sheet is filed. His detention in custody is not necessary. -6-
NC: 2024:KHC:36808 CRL.P No. 5360 of 2024
10. Learned High Court Government Pleader has contended that if the accused is enlarged on bail, there is every chance of intimidating the victim and other prosecution witnesses. The apprehension of the prosecution can be safeguarded by imposing suitable conditions. Accordingly, the following:
ORDER (1) The petition is allowed.
(2) The petitioner - accused in Crime No.488/2023 of Yelahanka Police Station registered for the offences punishable under Sections 323, 328 and 341 of IPC shall be released on bail subject to following conditions:
(a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court. -7-
NC: 2024:KHC:36808 CRL.P No. 5360 of 2024
(b) He shall not contact the victim or try to intimidate or influence the victim in any manner.
c) He shall furnish proof of his residential address and shall inform the
Investigation Officer/Court, if there is any change in the address.
d) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge.
e) He shall not tamper with the prosecution witnesses either directly or indirectly.
f) He shall appear before the trial Court on all dates of hearing without fail. -8-
NC: 2024:KHC:36808 CRL.P No. 5360 of 2024
g) He shall not indulge himself in criminal activities.
If any of the above conditions are violated, the prosecution or the victim is at liberty to seek cancellation of the bail.
SD/-
(MOHAMMAD NAWAZ) JUDGE SA