Karnataka High Court
Joseph vs State By Chandra Layout Police Station on 25 November, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 3643 OF 2025
[(439(Cr.PC) / 483(BNSS)]
C/W
CRIMINAL PETITION NO. 2810 OF 2025,
CRIMINAL PETITION NO. 3827 OF 2025 &
CRIMINAL PETITION NO. 7469 OF 2025
IN CRL.P No. 3643/2025
BETWEEN:
1. SRINIVAS C @ PAGAL SEENA
S/O. CHALUVARAJU,
AGED ABOUT 28 YEARS,
NO.74, 1ST MAIN, NEAR MANDYA WINES,
KRISHNA LAYOUT, R.R.NAGAR,
BENGALURU - 560 098.
...PETITIONER
Digitally signed by
LAKSHMINARAYANA (BY SRI. NARAYANASWAMY K.N., ADVOCATE)
MURTHY RAJASHRI
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE BY
CHANDRA LAYOUT POLICE STATION,
BENGALURU - 560 040.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
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NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
2. SMT. MANJULA C.
W/O. LANKESH,
AGED ABOUT 34 YEARS,
R/AT. NO.257-66, 4TH AVENUE,
TIGALARA LAYOUT, NAYANDAHALLI,
BENGALURU - 560 039.
...RESPONDENTS
(BY SMT. PUSHPALATHA B., ADDITONAL SPP FOR R1;
R2 - SERVED - PRESENT)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME
NO.440/2024, NOW PENDING IN S.C NO.1528/2025 ON THE
FILE OF LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3),
319(2), 352, 351(2), 308(2), 329(4), R/W 190 OF BNS 2023.
IN CRL.P NO. 2810/2025
BETWEEN:
1. JOSEPH
S/O MICHAL,
AGED ABOUT 36 YEARS,
R/AT. FLAT NO.69,2ND CROSS,
MAILASANDRA, KENGERI,
BENGALURU CITY,
KARNATAKA - 560 068.
2. SYED SHABUDDIN,
S/O NASIR AHAMMAD,
AGED ABOUT 24 YEARS,
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NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
R/AT.NO.4,4TH MAIN, 4TH CROSS,
THIGALARA THOTA,
NAYANDAHALLI, BENGALURU CITY,
KARNATAKA - 560 039.
...PETITIONERS
(BY SRI. NARAYANASWAMY K.N., ADVOCATE)
AND:
1. STATE BY CHANDRA LAYOUT POLICE STATION,
REP.BY. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. SMT. MANJULA C.
W/O. LANKESH,
AGED ABOUT 34 YEARS,
R/AT. NO.257-66, 4TH AVENUE,
TIGALARA LAYOUT, NAYANDAHALLI,
BENGALURU - 560 039.
...RESPONDENTS
(BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;
R2 - SERVED - PRESENT)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME
NO.440/2024, NOW PENDING IN S.C NO.1528/2025 ON THE
FILE OF LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 61(2), 140(2), 115(2), 118, 70(1), 74, 238,
127(3), 319(2), 352, 351(2), 308(2), 329(4), R/W 190 OF BNS
2023.
-4-
NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
IN CRL.P NO. 3827/2025
BETWEEN:
1. SOUMYA
D/O.DODDA THIMMAIAH,
AGED ABOUT 29 YEARS,
R/AT.1363, 10TH MAIN ROAD,
HOYSALA CIRCLE, NEAR MTS LAYOUT,
JNANA BHARATHI, KENGERI,
BENGALURU CITY - 560 060.
...PETITIONER
(BY SRI. NARAYANASWAMY K.N., ADVOCATE)
AND:
1. STATE BY CHANDRA LAYOUT POLICE STATION,
REP.BY. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. SMT. MANJULA C.
W/O. LANKESH,
AGED ABOUT 34 YEARS,
R/AT. NO.257-66, 4TH AVENUE,
TIGALARA LAYOUT, NAYANDAHALLI,
BENGALURU - 560 039.
...RESPONDENTS
(BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;
R2 - SERVED - PRESENT)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME
NO.440/2024, NOW PENDING IN S.C NO.1528/2025 ON THE
FILE OF LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
-5-
NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 61(2), 140(2), 115(2), 118, 70(1), 74, 238,
127(3), 319(2), 352, 351(2), 308(2), 329(4), R/W 190 OF BNS
2023.
IN CRL.P NO. 7469/2025
BETWEEN:
1. MANOJ R @ TALE
S/O RAMAKRISHNA,
AGED ABOUT 25 YEARS,
R/AT. NO.15, GANGAMBIKA,
1ST FLOOR, 4TH MAIN ROAD,
NANJARASAPPA LAYOUT, CANARA BANK COLONY,
CHANDRA LAYOUT, BENGALURU CITY,
KARNATAKA - 560 040.
...PETITIONER
(BY SRI. NARAYANASWAMY K.N., ADVOCATE)
AND:
1. STATE BY CHANDRA LAYOUT POLICE STATION,
REP.BY. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. SMT. MANJULA C.
W/O. LANKESH,
AGED ABOUT 34 YEARS,
R/AT. NO.257-66, 4TH AVENUE,
TIGALARA LAYOUT, NAYANDAHALLI,
BENGALURU - 560 039.
...RESPONDENTS
(BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;
R2 - SERVED - PRESENT)
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NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME
NO.440/2024, NOW PENDING IN S.C NO.1528/2025 ON THE
FILE OF LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 61(2), 140(2), 115(2), 118, 70(1), 74, 238,
127(3), 319(2), 352, 351(2), 308(2), 329(4), R/W 190 OF BNS
2023.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Criminal petition No.3643/2025 is filed by accused No.2, Criminal petition No.2810/2025 is filed by accused Nos.1 and 4, Criminal petition No.3827/2025 is filed by accused No.3 and Criminal petition No.7469/2025 is filed by accused No.6. All four petitions are filed under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.1528/2025 (arising out of Crime No.440/2024 of Chandra Layout Police Station) registered -7- NC: 2025:KHC:48925 CRL.P No. 3643 of 2025 C/W CRL.P No. 2810 of 2025 CRL.P No. 3827 of 2025 HC-KAR AND 1 OTHER for offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) read with Section 190 of Bharatiya Nyaya Sanhita, 2023, pending on the file of LIII Additional City Civil and Sessions Judge, Bengaluru.
2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State.
3. Learned counsel for petitioners would contend that, accused Nos.7 to 13 have been granted bail by this Court. The charge sheet has been filed and the petitioners are in custody since 18.08.2024 and therefore, they are not required for custodial interrogation. The statements of witnesses have been recorded under Section 183 of BNSS. In the wound certificate, there is mention that, victim was taken to hospital by the Police. But in her statement, she has stated that, on her own she went to the hospital. C.W.2 and C.W.3 in their statement under Section 183 of BNSS have stated that, they have been assaulted, but -8- NC: 2025:KHC:48925 CRL.P No. 3643 of 2025 C/W CRL.P No. 2810 of 2025 CRL.P No. 3827 of 2025 HC-KAR AND 1 OTHER there is no wound certificate of them. C.W.2 has stated that, he has filed complaint on 15.08.2024 and C.W.4 on 14.08.2024. But no such complaints are forthcoming. The petitioners are in custody since one year three months and the charge sheet contains eight four (84) witnesses. There is no evidence for offence under Section 70(1) of BNS. There is a personal vengeance of the complainant and Police against the petitioners and therefore, a false case has been foisted against them. With these, he prayed to allow the petitions.
4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the serious overtacts are alleged against the accused persons. The accused persons have kidnapped C.W.1 to C.W.4 and tortured and harassed them and committed offences alleged against them. Accused Nos.1, 2 and 6 are rowdy sheeters and they are having criminal antecedents. The accused persons who have been granted bail are again involved in commission of offences. If the petitioners are -9- NC: 2025:KHC:48925 CRL.P No. 3643 of 2025 C/W CRL.P No. 2810 of 2025 CRL.P No. 3827 of 2025 HC-KAR AND 1 OTHER granted bail, there are chances of threatening the prosecution witnesses and committing similar offence. With these, she prayed for dismissal of the petitions.
5. Having heard the learned counsels appearing for parties, the Court has perused charge sheet and other materials placed on record.
6. On 12.08.2024, C.W.2, C.W.3 and C.W.4 were kidnapped by accused Nos.1, 2, 4, 5, 9, 10, 13, 14 and 15 and they were tortured. C.W.1 to C.W.4 have been kidnapped by the petitioners on the allegation that they are thieves and they were harassed to return the theft articles. Even though, C.W.1 has not stated any act of sexual assault on her by the accused persons in her statement under Section 183 of BNSS, but the charge sheet allegation contains that, the accused persons put chilli powder on her private part and also on anus and put other articles in her private part. The accusation made against the petitioners/accused Nos.1, 2, 3, 4 and 6 is heinous physical harassment to C.W.1 to C.W.4. Accused
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NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
Nos.1, 2 and 6 are rowdy sheeters involved in commission of different offences. There is a serious overtact is alleged against accused No.4. Learned Additional State Public Prosecutor has submitted that, accused No.4 is also a rowdy sheeter, but she is not having any documents at present.
7. Considering all the above aspects, accused Nos.1, 2, 4 and 6 are not entitled for grant of bail.
8. Accused No.3 is a lady. She is not having any criminal antecedents. Even though, she is having allegations of harassment and ill-treatment on the victims, she is entitled for grant of bail with conditions. In the result, the following;
ORDER
a) Criminal Petition No.3643/2025, Criminal Petition No.2810/2025 are Criminal Petition No.7469/2025 are dismissed.
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NC: 2025:KHC:48925
CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
b) Criminal Petition No.3827/2025 is allowed. The petitioner/accused No.3 is granted bail in S.C.No.1528/2025 (arising out of Crime No.440/2024 of Chandra Layout Police Station) pending on the file of LIII Additional City Civil and Sessions Judge, Bengaluru, subject to following conditions:
i) The petitioner/accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.
ii) The petitioner/accused No.3 shall not tamper the prosecution witnesses either directly or indirectly.
iii) The petitioner/accused No.3 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.
iv) The petitioner/accused No.3 shall not involve in commission of any offence. If she involved in commission of any offence, the
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CRL.P No. 3643 of 2025
C/W CRL.P No. 2810 of 2025
CRL.P No. 3827 of 2025
HC-KAR AND 1 OTHER
prosecution is at liberty to seek cancellation of bail granted to her.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 26