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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF FEBRUARY, 2022

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.870/2022

BETWEEN:

SRI Y.V.MANJUNATH @ MANJA RX

S/O LATE Y.V.GOPAL,
HINDU, AGED ABOUT 34 YEARS,
R/AT NO.36, 1ST MAIN, 7TH CROSS,
MARUTHINAGARA, YELAHANKA,
BENGALURU-560 064. … PETITIONER

(BY SRI MURTHY K., ADVOCATE )

AND:

STATE OF KARNATAKA
BY ITS YELAHANKA P S,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 009. … RESPONDENT

(BY SRI KRISHNA KUMAR K.K., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CRL.MISC.NO.556/2022
(CR.NO.319/2021) OF YELAHANKA POLICE STATION,
BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 427, 506, 504, 143, 448, 323, 327, 354 R/W.
SECTION 149 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed under Section 438 of Cr.P.C. praying

to enlarge the petitioner/accused No.2 on bail, in the event of his

arrest in respect of Crime No.319/2021 registered by Yelahanka

Police Station, Yelahanka Sub-Division, Bengaluru City, for the

offences punishable under Sections 427, 506, 504, 143, 448,

323, 327 and 354 read with Section 149 of IPC.

2. Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3. The factual matrix of the case of the prosecution is

that on 25.12.2021, this petitioner and other accused persons

have trespassed and demolished the shed belonging to the

complainant and also caused life threat, abused in filthy

language and outraged the modesty of women. Based on the

complaint, the police have registered the case and the matter is

under investigation.
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4. Learned counsel appearing for the petitioner would

submit that there is a civil dispute between the parties and this

petitioner was not present at the time of alleged incident and not

committed any offence as alleged in the complaint and the

petitioner is ready to obey the conditions that may be imposed

by this Court and would also co-operate for the investigation.

5. Per contra, learned High Court Government Pleader

appearing for the respondent-State would submit that this

petitioner along with other accused persons trespassed and

demolished the shed belonging to the complainant, caused life

threat and outraged the modesty of a women and hence, there

is a prima facie case against the petitioner herein.

6. Having heard the respective counsel and also on

perusal of the material on record, it discloses that there is a

dispute in respect of the property in Site No.246, BBBMP Khatha

No.536/60/1/246 and incident has taken place. Having

considered the gravity of the offence and the allegation made in

the complaint, it is a fit case to exercise the powers under

Section 438 of Cr.P.C. in favour of the petitioner, subject to

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imposing certain conditions to protect and safeguard the interest

of the prosecution. Hence, I pass the following:-

ORDER

The petition is allowed. Consequently, the petitioner-

accused No.2 shall be released on bail, in the event of his arrest

in connection with Crime No.319/2021 registered by Yelahanka

Police Station, Yelahanka Sub-Division, Bengaluru City, for the

offences punishable under Sections 427, 506, 504, 143, 448,

323, 327 and 354 read with Section 149 of IPC, subject to the

following conditions:-

(i) The petitioner shall surrender himself before

the Investigating Officer within ten days from
the date of receipt of a certified copy of this
order and shall execute a personal bond for a
sum of Rs.2,00,000/- (Rupees Two Lakhs only)
with two sureties for the like-sum to the
satisfaction of the concerned Investigating
Officer.

(ii) The petitioner shall not indulge in hampering

the investigation or tampering the prosecution
witnesses.
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(iii) The petitioner shall co-operate with the

Investigating Officer to complete the
investigation and he shall appear before the
Investigating Officer, as and when called for.

(iv) The petitioner shall not leave the jurisdiction of

the Investigating Officer without prior
permission till the charge sheet is filed or for a
period of three months, whichever is earlier.

(v) The petitioner shall mark his attendance once

in a month i.e., on 30th of every month
between 10.00 am and 5.00 pm., before the
Investigating Officer for a period of three
months or till the charge sheet is filed,
whichever is earlier.

Sd/-
JUDGE

ST