Allowed

Manjunath S/O Marutheppa Alias Maruthi Doddamani v. the State of Karnataka

Karnataka HC19 Feb 2024CRL.P/100383/2024

Case brief

AI extract

What is this about?

Accused sought bail in a case under Sections 448, 323, 376, 504, 506, 34 IPC after his earlier Sessions Court bail application was rejected. Noting the belated complaint and the victim's earlier complaints admitting her relationship with the petitioner, the court allowed bail with conditions.

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs.1,00,000 with two sureties, subject to conditions of regular appearance and non-tampering with witnesses.

Manjunath S/O Marutheppa Alias Maruthi Doddamani Vs… — Cheating and Forgery | Karnataka HC (2024)

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

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100383 OF 2024

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BETWEEN:

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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

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…PETITIONER

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(BY SRI B.C.JNANAYYA SWAMI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA (THROUGH GADAG RURAL P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT DHARWAD

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…RESPONDENT

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.20 10:50:41 +0530

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(BY SMT. GIRIJA S. HIREMATH, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.345/2023 REGISTERED IN GADAG RURAL 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.

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

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

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ORDER

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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.

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Heard the learned Counsel for the parties.

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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.

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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

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

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lodged when the marriage of the petitioner is fixed. He, accordingly, prays to allow the petition.

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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.

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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

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

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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:

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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:

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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;

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

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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;

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

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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.

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Sd/JUDGE

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

Manjunath S/O Marutheppa Alias Maruthi Doddamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Manjunath S/O Marutheppa Alias Maruthi Doddamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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