Anticipatory bail sought by a husband accused under Sections 506, 498A, 504, 420, 294 and 323 IPC for extracting money from and harassing his wife, allegedly a serial offender marrying women via a matrimony app. Custodial interrogation held necessary; petition dismissed.
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NC: 2024:KHC:9388 CRL.P No. 959 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 959 OF 2024
BETWEEN:
GANGAPPA .N, S/O NANJEGOWDA, AGED ABOUT 50 YEARS, RESIDING AT NO 1137/44, PRAJWALA SHREE NILAYA, 12TH CROSS, 3RD MAIN ROAD, M C LAYOUT, VIJAYANAGAR, BENGALURU-560 040.
…PETITIONER
(BY SRI. SANDEEP HEGDE, ADVOCATE, SMT. NAGALAKSHMI .S, ADVOCATE)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
NC: 2024:KHC:9388 CRL.P No. 959 of 2024
ARREST IN CR.NO.472/2023 REGISTERED BY BASAVESHWARA NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 506, 498A, 504, 420, 294, 323 OF IPC, PENDING ON THE FILE OF V ADDL.C.M.M., BENGALURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Basaveshwara Nagar Police Station, in Cr.No.472/2023, registered for the offences punishable under Sections 506, 498A, 504, 420, 294 & 323 of IPC.
one Chandrashekar and she was having a son by name Naveen C.P. aged about 20 years. Subsequently, the marriage between herself and Chandrashekar was dissolved by decree of divorce and subsequently, she came in contact with the petitioner through Kannada Matrimony App and later on, on 03.10.2019, they got married in Hanumantha Temple, Gandhinagar and
marriage was also registered. Subsequently, petitioner shifted his residence to the house of the complainant and petitioner thereafter, under the guise that he lost his job because of Corona, started demanding the amount and received Rs.8,50,000/- from the complainant under the guise of purchasing a car in order to run it as a taxi. Subsequently, he has also subjected her to ill-treatment and availed Rs.4,00,000/- under the guise of going to Dubai for earning money and later on, he immediately returned but did not return the amount. He used to subject her to ill-treatment and regularly demand the amount and certain rent of tenancy premises were directly made to transfer to his account. It is alleged that on 30.11.2021, the first wife of petitioner by name Sharada and daughter Vinutha, approached the complainant, alleging that she is the first wife and the petitioner had married her first and she had two children and later on, he cheated number of ladies like complainant and he had married number of ladies and number of cases were registered against him. It is also alleged that when
complainant demanded to transfer the car and twowheeler in her name, which was purchased out of her funds, he demanded Rs.10,00,000/-. It is further alleged that he has also uploaded her mobile number in matrimony app. As a result, some unconnected persons used to call her and behave adamantly by using vulgar language. He further asserted that he has uploaded the photographs of number of persons and also threatened that if she does not meet his demand, he will also upload her photographs and he has also physically assaulted her. Hence, she lodged a complaint in this regard and on the basis of complaint, the crime came to be registered.
learned HCGP. Perused the records.
NC: 2024:KHC:9388 CRL.P No. 959 of 2024
the complainant came in contact with the present petitioner through Kannada Matrimony App and subsequently, they married in a temple and marriage was registered. It is also alleged that he extracted certain amount from her and physically & mentally harassed her. The other allegations also disclose that his first wife has also approached the complainant and cautioned her, asserting that he had cheated number of ladies by marrying with them and exploiting them. All these facts clearly disclose that the petitioner is in the habit of cheating the persons through Kannada matrimony and used to marry them and thereby extracting the amount from them. Certain transactions in the present case disclose that they were through bank transactions. Certain payments were alleged to be by way of cash. There are other serious allegations regarding the petitioner cheating number of ladies and marrying them and considering his modus operandi and considering the serious allegations, this is not a fit case wherein the
discretion can be exercised in favour of the present petitioner. Even the petitioner has not spared his daughter Vinutha and he has uploaded her photo in the Kannada Matrimony which discloses his mental attitude. The custodial interrogation of the petitioner is essential in order to ascertain the allegations regarding the contracting marriage with number of ladies and cheating them. Hence, the remedy for the petitioner is to surrender before the jurisdictional police or jurisdictional Court and he cannot seek anticipatory bail as it amounts to mockery of judiciary process itself. As such, the petition being devoid of any merits does not survive for consideration and accordingly, it stands dismissed .
Sd/JUDGE
DS
List No.: 1 Sl No.: 48
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of cheating and harassing his wife through matrimonial app marriages.
7 provisions across 2 enactments
Gangappa .N
State of Karnataka, by Basaveshwaranagar Police Station
Smt. Vijaylakshmi
Rajendra Badamikar
As recorded by the court registry
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