Allowed

Sri N.V. Gopala Reddy v. State of Karnataka

Karnataka HC10 Nov 2023CRL.P/10952/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 Cr.P.C. in an offence alleging assault and attempt to outrage modesty. Court allowed bail noting a dispute and counter case with no grievous injury, imposing standard conditions for execution of bond, cooperation with investigation, and regular attendance in court.

What did the court decide?

Petitioner released in event of arrest subject to execution of personal bond of Rs. 50,000, cooperation with investigation, and regular attendance in court procedures.

Sri N.V. Gopala Reddy Vs State of Karnataka — Bail and Remand | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:40410 CRL.P No. 10952 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10952 OF 2023

¶6

BETWEEN:

¶7

SRI N.V. GOPALA REDDY, S/O G. VENKATARAMANA REDDY, AGED ABOUT 37 YEARS, RESIDING AT NARAMAKALAPALLI VILLAGE, RONURU HOBLI, SRINIVASAPURA TALUK, KOLAR DIST.

¶8

…PETITIONER

¶9

(BY SRI. SUBRAMANYA H.V, ADVOCATE)

¶10

AND:

¶11

Digitally signed by NANDINI MS Location: High Court of Karnataka

¶12

STATE OF KARNATAKA, BY SRINIVASAPURA POLICE STATION, KOLAR DIST., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 1.

¶13

…RESPONDENT

¶14

(BY SRI. RAHUL RAI K, HCGP)

¶15

THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.160/2023 OF SRINIVASAPURA P.S., KOLAR FOR THE OFFENCE P/U/S.341, 323, 354-B, 504, 506 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.Dn.) AND JMFC AT SRINIVASAPURA KOLAR DISTRICT.

¶16

¶17

NC: 2023:KHC:40410 CRL.P No. 10952 of 2023

¶18

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶19

ORDER

¶20

Accused No.1 in Crime No.160/2023, registered by Srinivasapura Police Station, Kolar District, for the offences punishable under Sections 341, 323, 354-B, 504, 506 read with Section 34 of IPC is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.

¶21

Heard the learned counsel for the parties.

¶22

On the basis of the complaint lodged by

¶23

Smt. Prabhavathi, wife of Ramesh on 07.06.2023, FIR in Cr.No.160/2023 was registered by Srinivasapura police station for the offences punishable under Sections 341, 323, 354-B, 504, 506 read with Section 34 of IPC against the petitioner and two others. In the complaint, it is averred that on 07.06.2023 at about 11.30 am, when the complainant and her family members were plucking mangoes in front of their house, the accused persons came to the spot and allegedly, abused and assaulted the complainant and her family members. In the said incident, the complainant allegedly had sustained injuries and therefore, she was taken to Government Hospital and her

¶24

3 - NC: 2023:KHC:40410 CRL.P No. 10952 of 2023

¶25

statement was recorded in the hospital, based on which, FIR in Cr.No.160/2023 was registered. Apprehending arrest in the said case, the petitioner had filed Crl.Mis. No.838/2023 before the Court of I Addl. District and Sessions Judge, Kolar, which was rejected on 07.10.2023. Therefore, the petitioner is before this Court.

¶26

Learned counsel for the petitioner submits that in respect of the incident that had taken place on 07.06.2023, there is a case and counter case. On the basis of the complaint made by the petitioner herein, FIR has been registered in Cr.No.159/2023 against the complainant's husband and another for the offences punishable under Sections 323, 324, 326, 504 and 506 read with Section 34 of IPC.

¶27

5. Per contra, the learned HCGP has opposed the bail application and has prayed to dismiss the petition.

¶28

In the alleged incident which resulted in registering FIR in Cr.No.160/2023, the complainant has not suffered any grievous injury and it appears that there is dispute between the two parties. There is a case and counter case in respect of the incident that allegedly had taken place on 07.06.2023. Under these circumstances, I am of the view that the petitioner has

¶29

¶30

NC: 2023:KHC:40410 CRL.P No. 10952 of 2023

¶31

made out a prima facie case for grant of anticipatory bail. Accordingly, the following:

¶32

ORDER

¶33

The Criminal Petition is allowed .

¶34

The petitioner shall be released in the event of his arrest in Crime No.160/2023 registered by Srinivasapura Police Station, Kolar District, for the offence punishable under Sections 341, 323, 354-B, 504, 506 read with Section 34 of IPC, subject to the following conditions:

¶35

Petitioner shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond in a sum of Rs.50,000/- [Rupees fifty thousand only] with a likesum surety.

¶36

(2) He shall cooperate with the investigation and shall not tamper with the prosecution witnesses in any manner.

¶37

(3) He shall furnish his residential address/contact number and shall inform the Investigating Officer/Court regarding change in the address/contact number, if any.

¶38

¶39

NC: 2023:KHC:40410 CRL.P No. 10952 of 2023

¶40

(4) He shall be regular in attending the Court

¶41

proceedings.

¶42

Sd/JUDGE

¶43

JS List No.: 1 Sl No.: 54 CT: BHK

Sri N.V. Gopala Reddy v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri N.V. Gopala Reddy v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ganesha Vs State of Karnataka by

Ganesh R Vs State of Karnataka

Khanaram Vs the State of Karnataka

Dinesha Vs the State of Karnataka

Sri. Chowdaiah Vs State by Thyamagondlu P.S.

Dr. Shivakumara N v Vs the State of Karnataka