Manjunath S/O Marutheppa Alias Maruthi … vs The State Of Karnataka on 19 February, 2024

Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services — Free for one month.

Karnataka High Court

Manjunath S/O Marutheppa Alias Maruthi … vs The State Of Karnataka on 19 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                   -1-
                                                         NC: 2024:KHC-D:3857
                                                         CRL.P No. 100383 of 2024




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                                CRIMINAL PETITION NO. 100383 OF 2024

                      BETWEEN:
                      MANJUNATH
                      S/O MARUTHEPPA @ MARUTHI DODDAMANI,
                      AGE: 28 YEARS, OCC: COOLIE,
                      R/O. AMBEDKAR NAGAR,
                      WARD NO.4, SAJJI HOLA,
                      KOPPAL, TQ.DIST. KOPPAL-583231
                                                                      ...PETITIONER
                      (BY SRI B.C.JNANAYYA SWAMI, ADVOCATE)
                      AND:
                      THE STATE OF KARNATAKA
                      (THROUGH GADAG RURAL P.S.)
                      REPRESENTED BY ITS
                      STATE PUBLIC PROSECUTOR
                      HIGH COURT OF KARNATAKA
                      BENCH AT DHARWAD
                                                                    ...RESPONDENT
ANNAPURNA
CHINNAPPA             (BY SMT. GIRIJA S. HIREMATH, ADVOCATE)
DANDAGAL

Digitally signed by
ANNAPURNA                  THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
CHINNAPPA
DANDAGAL              SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER
Date: 2024.02.20      ON BAIL IN CRIME NO.345/2023 REGISTERED IN GADAG RURAL
10:50:41 +0530
                      POLICE STATION, FOR THE OFFENCES U/S 448, 323, 376, 504, 506
                      OF IPC, PENDING TRIAL OF THE CASE, (NOW IT IS NUMBERED AS
                      CC NO.22/2024 PENDING ON THE FILE OF II ND ADDL.CIVIL JUDGE
                      AND JMFC-II COURT AT GADAG.

                           THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                -2-
                                     NC: 2024:KHC-D:3857
                                     CRL.P No. 100383 of 2024




                            ORDER

1. Accused in Crime No.345/2023 registered by Gadag Rural

Police Station, Gadag District, for the offences punishable under

Sections 448, 323, 376, 504, 506, 34 IPC, is before this Court

under Section 439 Cr.PC.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.345/2023 was registered by Gadag Rural

Police Station on the basis of the typed complaint dated

28.11.2023 lodged by the victim lady aged about 37 years.

During the course of investigation of the said case, petitioner

was arrested on 07.11.2023 and remanded to judicial custody

on 08.12.2023. Investigation in the case is completed and

charge sheet has been filed against him for the aforesaid

offences. Bail application filed by him before the Court of Prl.

District & Sessions Judge, Gadag, in Crl. Misc. No.4/2024 was

rejected on 19.01.2024. Therefore, he is before this Court.

4. Learned Counsel for the petitioner submits that the

material on record would go to show that the petitioner and the

victim lady had illicit relationship. A false complaint is now
-3-
NC: 2024:KHC-D:3857
CRL.P No. 100383 of 2024

lodged when the marriage of the petitioner is fixed. He,

accordingly, prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition. She

submits that the material on record would go to show that the

petitioner has been harassing the complainant who is a married

lady having three children and as per the charge sheet

allegations, the petitioner had sexually assaulted the victim on

06.11.2023. Accordingly, she prays to dismiss the petition.

6. From a reading of the complaint dated 28.11.2023 which

had resulted in registering FIR in Crime No.345/2023, it is seen

that in respect of the alleged incident of sexual assault on

06.11.2023, complaint is belatedly lodged on 28.11.2023. The

material on record would go to show that the victim who is

aged about 37 years having three children had earlier filed a

complaint against the petitioner on 01.06.2023, based on

which, Crime No.144/2023 was registered against the

petitioner by Gadag Rural Police Station for the offences

punishable under Sections 323, 504, 114, 307, 34 IPC. She

also had lodged another complaint against the petitioner on

28.06.2023, which had resulted in registering FIR in Crime
-4-
NC: 2024:KHC-D:3857
CRL.P No. 100383 of 2024

No.189/2023 against the petitioner for the offences punishable

under Sections 323, 354, 448, 504, 506 IPC. In the earlier

complaints, she had admitted her relationship with the

petitioner. The material on record would go to show that the

petitioner’s marriage was scheduled to be held on 25.11.2023.

Considering the averments made in the earlier complaints filed

by the victim, wherein she had admitted her relationship with

the petitioner, a doubt arises with regard to the allegations

made in the present complaint. Under the circumstances, I am

of the opinion that the prayer made by the petitioner is

required to be answered affirmatively. Accordingly, the

following order:

7. Petition is allowed. The petitioner is directed to be

enlarged on bail in Crime No.345/2023 registered by Gadag

Rural Police Station, Gadag District, for the offences punishable

under Sections 448, 323, 376, 504, 506, 34 IPC, subject to the

following conditions:

i. The petitioner shall execute personal bond for a sum
of Rs.1,00,000/- with two sureties for the likesum to
the satisfaction of the jurisdictional Court;

-5-

NC: 2024:KHC-D:3857
CRL.P No. 100383 of 2024

ii. The petitioner shall appear regularly on all the dates of
hearing before the Trial Court unless the Trial Court
exempts his appearance for valid reasons;

iii. The petitioner shall not directly or indirectly threaten
or tamper with the prosecution witnesses;

iv. The petitioner shall not leave the jurisdiction of the
Trial Court without permission of the said Court until
the case registered against him is disposed off.

Sd/-

JUDGE

KK
CT:GSM
List No.: 1 Sl No.: 23

Add a Comment

Your email address will not be published. Required fields are marked *

VISHAL SAINI ADVOCATE