The petitioner sought cancellation of anticipatory bail granted to the accused, alleging threats via WhatsApp messages. The Court found no threat in the messages and noted no FIR or police action on the petitioner's representation, dismissing the petition.
Petition for cancellation of bail dismissed.
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.
NC: 2024:KHC-D:14551 CRL.P No. 101969 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101969 OF 2024
BETWEEN:
RENUKA D/O. MALLAPPA KARENNAVAR, AGE: 26 YEARS, OCC: STUDENT, R/O: AT DESHANOOR VILLAGE, TQ: KITTUR, DIST: BELAGAVI, PIN CODE – 590001.
…PETITIONER
(BY SRI. MAHANTESH S HIREMATH, ADVOCATE)
AND:
BHARATHI H M
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. ANIL B. KONI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 439(2) OF CR.P.C. SEEKING TO CANCEL THE BAIL TO THE PETITIONER/ACCUSED IN CRI PETITION NO. 101186/2024 VIDE ORDER DATED 24.04.2024 MARKET POLICE STATION IN CRIME NO.24/2024 FOR THE OFFENCES 376(2) (n), 417 OF IPC PENDING ON THE FILE OF II J.M.F.C. COURT BELAGAVI.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
NC: 2024:KHC-D:14551 CRL.P No. 101969 of 2024
ORAL ORDER
This petition is filed by the informant under Section 439(2) of the Code of Criminal Procedure praying to cancel bail granted to the respondent/accused in Criminal Petition No.101186/2024 pertaining to Crime No.44/2024 of Market Police Station, Belagavi.
petitioner came on leave, took the victim lady to Belagavi and had sexual intercourse with her and thereafter refused to marry her. As the petitioner was going to marry another lady, the victim lady has filed the complaint. A case has been registered on the said complaint of the victim against the petitioner for the aforesaid offences. The respondent approached this Court seeking anticipatory bail in Criminal Petition No.101186/2024. This Court by order dated 24.04.2024 has granted anticipatory bail to respondent No.2 with conditions. The petitioner-first informant is seeking cancellation of the said anticipatory bail granted to respondent No.2.
No.2 is threatening her to withdraw the complaint or otherwise he will kill her. He contends that respondent No.2 has violated the bail conditions and therefore, the bail granted to him requires to be cancelled.
- 5 - NC: 2024:KHC-D:14551 CRL.P No. 101969 of 2024
not threaten the complainant and other prosecution witnesses. On perusal of the copy of Whatsapp messages, there is no threat given by respondent No.2 to the petitioner. A copy of the representation dated 03.05.2024 addressed to the Police Commissioner is produced along with the petition. What was the action taken by the Police Commissioner has not been stated by the petitioner. For having served the said representation, the petitioner has not placed any material on record. The petitioner has not got registered any FIR against respondent No.2 for having given threat to her.
In the result, the petition is dismissed.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
Kmv/CT:ANB
1 issue framed by the court
Whether the respondent violated the bail conditions by threatening the petitioner?
3 provisions across 2 enactments
Renuka D/o. Mallappa Karennavar
The State of Karnataka
Madivalappa S/o. Ganesh Chikkannavar
Shivashankar Amaranavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
