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IN THE HIGH COURT OF KARNATAKA BENGALURU

DATED THIS THE 06TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.465 OF 2021

BETWEEN:

1. SANGEETHA @ JAYASHREE
W/O NAVEEN K.R,
D/O RAMEGOWDA,
AGEDA BOUT 31 YEARS,
R/AT GOWDAHALLI VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.

2. RAMEGOWDA
S/O LATE NINGEGOWDA,
AGED ABOUT 61 YEARS,
R/AT GOWDAHALLI VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.

3. SANTHOSHA
S/O RAMEGOWDA,
AGED ABOUT 33 YEARS,
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R/AT GOWDAHALLI VILLAGE,

K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.

4. RAKSHITH
S/O PRAKASH,
AGED ABOUT 20 YEARS,
R/AT GOWDAHALLI VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.

5. GAGAN @ GAGANRAJ G.R.

S/O RAJEGOWDA @ RAJANNA G.N,
AGED ABOUT 20 YEARS,
RESIDING AT NO.152/2
OOTI ROAD,
GUNDURAO NAGARA,
BAIRAVESHWARA NAGARA,
MYSURU DISTRICT - 570 016.

6. ROHITH
S/O PRAKASH,
AGED ABOUT 20 YEARS,
R/AT GOWDAHALLI VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.

7. PRAJWAL @ K.N. PRAJWALGOWDA

S/O K.S. NANJUNDEGOWDA,
AGED ABOUT 19 YEARS,
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R/AT 574, BANNURU ROAD,

KOTHATHI,
MANYDA - 571 101.

8. PRAKASH
S/O LATE NINGEGOWDA,
AGED ABOUT 57 YEARS,
R/AT GOWDAHALLI VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.

9. RAJEGWODA @ RAJANNA G.L.

S/O LATE NINGEGOWDA,
AGED ABOUT 59 YEARS,
R/AT NO.152/2, OOTI ROAD,
GUNDURAO NAGARA,
BAIRAVESHWARA NAGARA,
MYSURU DISTRICT - 570 016.

10. HONNAMMA
W/O RAMEGOWDA,
AGED ABOUT 51 YEARS,
R/AT GOWDAHALLI VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.

...PETITIONERS

(BY SRI. BYRE GOWDA N, ADVOCATE)

AND
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THE STATE OF KARNATAKA

BY POLICE SUB INSPECTOR,
TOWN POLICE STATION,
SRIRANGAPATNA,
MANDYA DISTRICT.

REPRESENTED BY
THE SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA -560 001.
...RESPONDENT

(BY SRI. R.D. RENUKARADHYA, HCGP)

This Criminal Petition is filed under Section 438 of Cr.P.C.

praying to enlarge the petitioners on bail in the event of their arrest
in Cr. No.251/2020 of Srirangapatna Police Station, Mandya
District, for the offences punishable under sections 143, 323, 506,
384, 447, 427 of IPC.

This Criminal Petition coming on for Orders this day, the

Court made the following:

ORDER

Heard the learned counsel for petitioners and learned HCGP

for the respondent - State.

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

petitioners/ accused apprehending their arrest in Cr. No.251/2020

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of Srirangapatna Police Station, Mandya registered for offences

punishable under Sections 143, 323, 506, 384, 354, 447, 427 of

IPC.

3. The first informant is the mother-in-law of petitioner

No.1. Other petitioners are relatives of petitioner No.1. It is alleged

that on 19.04.2020 at about 8.00 a.m, petitioner No.1 brought

other persons near the house of the complainant and trespassed

into the house and threatened the complainant and others with dire

consequences. They also damaged the household articles and took

away the golden ornaments from the cupboard and also caused

injuries to complainant’s brother by name Vijayendra and his son by

name Sarvesh.

4. The material on record disclose that on a complaint

lodged by the first petitioner herein, a case was registered against

complainant’s husband and others in Cr. No.108/2020 of

Srirangapatna Police Station, Mandya for offences punishable under

Sections 498A, 504, 323, 354, 114, 327, 506 r/w 34 of IPC and

Sec. 4 of Dowry Prohibition Act, 1961. The said case was registered

on 27.05.2020.
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5. It is alleged that the petitioners took away the golden

ornaments from complainant’s house and caused damage to the

household articles, to the tune of Rs.5,00,000/- etc., Petitioner

No.1 is the daughter–in-law of the complainant. It is contended by

the learned counsel for the petitioners that as a counter blast, the

present false complaint has been lodged against the petitioners. He

submits that there is a matrimonial dispute between the first

petitioner and her husband. There are civil cases pending between

them including a suit filed by petitioner No.1 for Restitution of

Conjugal rights in M.C No.11/2020. Her husband has filed M.C

No.14/2020 for divorce.

6. It is not the case of prosecution that the injured has

sustained any grievous injuries in this case. The incident has

occurred on 19.04.2020 and in this connection a private complaint

was filed in P.C.R No.53 on 17.08.2020, which was referred to

police. Thereafter, case was registered on 25.11.2020 parties are

closely related. Incident is alleged to have taken place on account

of matrimonial dispute between petitioner No.1 and her husband.

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Considering the facts and circumstances of the case, relief sought

by the petitioners can be granted by imposing suitable conditions.

Hence, the following,

ORDER

Petition is allowed.

Petitioners/ accused, in the event of their arrest in

Cr. No.251/2020 of Srirangapatna Police Station, Mandya registered

for offences punishable under Sections 143, 323, 506, 384, 354,

447, 427 of IPC, shall be released, subject to following conditions,

1. Petitioners/ accused shall appear before the

Investigation Officer within a period of one week
from the date of receipt of a certified copy of this
order and shall execute a personal bond in a sum of
Rs.50,000/- (Rupees Fifty Thousand only) each with
one surety for likesum.

2. Petitioners shall cooperate with the investigation and

they shall not tamper with the prosecution witnesses
either directly or indirectly.

3. Petitioners shall not induce or threaten the

complainant or family members.
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4. Petitioners shall be regular in attending the Court

proceedings.

Sd/-
JUDGE

LL