High Court of Karnataka dismissed a criminal petition under Section 439(2) CrPC seeking cancellation of bail. The petitioner alleged the accused violated bail conditions by threatening and abusing him. The court found no grounds for cancellation at this stage.
Petition dismissed; police directed to initiate action if similar grievance arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 4146 OF 2023
BETWEEN:
RAJU S/O. LATE JAVAREGOWDA AGED ABOUT 52 YEARS MACHURU VILLAGE HD KOTE TALUK MYSURU - 571 114 KARNATAKA, (THE PETITIONER IS THE FATHER OF THE DECEASED JYOTHI)
…PETITIONER
(BY SRI: RAJASHEKHAR .K., ADVOCATE)
Digitally signed by PAVITHRA N Location: High Court Of Karnataka
AND:
…RESPONDENTS
(BY SRI: CHANNAPPA ERAPPA, HCGP FOR R1 SRI: LETHIF B. ADVOCATE)
THIS CRL.P IS FILED U/S 439(2) CR.PC PRAYING TO CANCEL THE BAIL GRANTED TO THE 2ND RESPONDENT / ACCUSED NO.2 IN CRL.P.NO.10686/2022 PASSED BY THIS HONBLE COURT BY AN ORDER DATED 15.02.2023 VIDE ANNEXURE-G AND DIRECT THE 1ST RESPONDENT TO ARREST THE 2ND RESPONDENT / ACCUSED NO.2, AND TAKE HER INTO CUSTODY AND COMMIT HER TO THE CUSTODY OF THIS HONBLE COURT. GRANT SUCH OTHER RELIEF(S) AS MAY BE SEEN FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner being the informant filed the present petition under Section 439(2) of Cr.PC, seeking cancellation of bail granted by this Court in Crl.P.No.10686/2022 vide order dated 15.02.2023, in favour of respondent No.2/accused No.2.
10.30 a.m., respondent No.2 along with her son Lokesh had came near the house of the complainant and abused him and his family members in filthy language and also criminally intimidated him. Since there is life threat caused by respondent No.2 and her son, the informant sought for initiation of criminal action against them. It is stated that except issuing the acknowledgment, the police have not initiated any action. Therefore, another complaint dated 05.04.2023 was filed with Superintendent of Police, Mysuru, seeking initiation of criminal action. Inspite of that, no action was taken against accused No.2 and her son.
NC: 2023:KHC:35685 CRL.P No. 4146 of 2023
“Whether the petitioner has made out any ground to allow the present petition, seeking cancellation of bail granted in favour of respondent No.2?”
My answer to the above point is in the ‘Negative’ for the following:
R E A S O N S
NC: 2023:KHC:35685 CRL.P No. 4146 of 2023
HCGP to initiate appropriate action immediately without any loss of time, incase the complainant approaches with similar grievance.
With these observations, the petition is dismissed .
Sd/JUDGE
PN
3 issues framed by the court
Whether the petitioner has made out any ground to allow the present petition seeking cancellation of bail granted in favour of respondent No. 2
Whether the allegation of abuse and intimidation by the respondent constitutes a valid ground for violating bail conditions
Whether the petitioner should have approached the trial court first before approaching this court for cancellation of bail
2 provisions across 1 enactments
RAJU S/O. LATE JAVAREGOWDA
THE STATE OF KARNATAKA
RATHNAMMA W/O NARAYANA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
