Gangagaju @ T Gangappa Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL FOR THE NON BAILABLE OFFENCES FILED BY RESPONDENT POLICE KODIGEHALLI POLICE STATION (CR.NO.0028/2025) DATED 27.02.2025 ON THE FILE OF PRL.CIVIL JUDGE (SENIOR DIVISION) AND CJM AT MADHIGIRI, FOR THE O/P/U 108 OF BNS ACT.

¶23

2 -

¶24

NC: 2025:KHC:19424 CRL.P No. 4808 of 2025

¶25

HC-KAR

¶26

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶27

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶28

ORAL ORDER

¶29

Accused in Crime No.28/2025 registered by

¶30

Kodigenahalli Police Station, Tumakuru District for the offence punishable under Section 108 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.

¶31

Heard the learned counsel appearing for the

¶32

parties.

¶33

FIR in Crime No.28/2025 was registered by Kodigenahalli Police Station, Tumakuru District against the petitioner herein for the aforesaid offence on the basis of first information dated 27.02.2025 received from Sri Ashok S/o Late Nagaraju, who is the brother of deceased girl, aged about 16 years. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5072/2025,

¶34

3 -

¶35

NC: 2025:KHC:19424 CRL.P No. 4808 of 2025

¶36

HC-KAR

¶37

which was rejected on 15.03.2025. Therefore, he is before

¶38

this Court.

¶39

Learned counsel for the petitioner submits that the petitioner is a youngster having no criminal antecedents and for extraneous reason, a false complaint has been made against him. The petitioner is a resident of Hindupur Taluk, Andhra Pradesh while deceased was residing at Madhugiri. Therefore, there cannot be any nexus between the death of deceased and the alleged act committed by the petitioner. The petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

¶40

Per contra, learned HCGP has opposed the bail petition. He submits that the petitioner was pestering the victim girl, who was a minor, for the last three years and as a result, her parents had shifted her from one school to another. Immediately prior to the alleged date of incident, the petitioner had threatened the victim girl and unable to bear his torture, the victim girl, who was a minor had

¶41

4 - NC: 2025:KHC:19424 CRL.P No. 4808 of 2025

¶42

HC-KAR

¶43

committed suicide. Therefore, there is sufficient material, which would prima-facie attract the alleged offence against the petitioner. Accordingly, he prays to dismiss the petition.

¶44

The first informant, aged about 19 years is the

¶45

elder brother of the victim girl, aged about 16 years . In the first information he has stated that, after the death of his father Nagaraju, he was residing with his mother and two sisters in their house and the victim girl was studying in X standard. He has alleged that when the victim girl was studying in VII standard, the petitioner allegedly was pestering her to love him and he used to visit her school and therefore the victim girl was admitted to some other school. The petitioner allegedly started visiting even the other school and was troubling the victim girl. Though the mother of the victim girl had advised the petitioner he had continued his act and was pestering the victim girl to love and marry him.

¶46

5 -

¶47

NC: 2025:KHC:19424 CRL.P No. 4808 of 2025

¶48

HC-KAR

¶49

On 26.02.2025, the victim girl and her friend

¶50

had gone to a temple on the eve of Shivaratri festival and they had returned home from the temple even before the program was over. On enquiry, the friend of the victim girl had informed the mother of the victim girl that the petitioner, who had came near the temple had once again asked the victim girl to love him and also threatened to commit her murder and he allegedly had asked her to post messages to his mobile phone. On 27.02.2025 at about 8.30 a.m, the victim girl had left her house stating that she would be going to school and at about 10.00 a.m, on the said date, when her mother came to her house, she found that the victim girl had committed suicide in their house by hanging herself using a saree.

¶51

From the allegation found in the first information it appears that, the petitioner was pestering and torturing the victim girl continuously in spite of the mother of the victim girl advising him. Though the victim girl was admitted in a different school, the petitioner had

¶52

6 - NC: 2025:KHC:19424 CRL.P No. 4808 of 2025

¶53

HC-KAR

¶54

visited even the said school and was troubling the victim girl. On the night of 26.02.2025, the petitioner allegedly had threatened the victim girl when she was with her friends. It appears that, the victim girl was unable to bear the torture meted out by the petitioner and therefore had committed suicide in her house by hanging herself on the morning of 27.02.2025.

¶55

Considering the nature of allegation found in the first information it cannot be said that there is absolutely no material to connect the petitioner to the crime. The petitioner allegedly had threatened the victim girl immediately prior to she committing suicide. The petitioner was also pestering the victim girl to love him and he had allegedly threatened her, if she fails to do so.

¶56

Considering the aforesaid aspects of the matter, I am of the view that, the prayer made by the petitioner for grant of discretionary relief of anticipatory bail cannot be entertained.

¶57