Sri. Manjunath B M Vs State of Karnataka

SRI. MANJUNATH B.M S/O SRI. MAHADEVA M AGED ABOUT 31 YEARS R/AT NO.CH81, 7^TH CROSS K.R.VANAM, NEAR GOVT. HOSPITAL ASHOKAPURAM, MYSURU PRESENTLY R/AT NO.172 NADANAHALLI VILLAGE ALANAHALLI POST MYSURU-570 028 AND ALSO WORKING AT DAR (DISTRICT ARMED RESERVED POLICE CONSTABLE, MADIKERI) …PETITIONER (BY SRI. K.V. SATHEESHCHANDRA, ADVOCATE FOR SRI. AKSHAY RAJ B.R, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY KODAGU WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR SPP OFFICE HIGH COURT OF KARNATAKA BANGALORE-560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)

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NC: 2025:KHC:18791 CRL.P No. 6151 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGED ON BAIL IN THE EVENT OF ARREST IN CRIME NO.FIR IN CRIME NO.12/2025 FOR THE O/P/U/S 376(2)(N), 506 AND 417 OF IPC, 1860 AGAINST THE PETITIONER PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, MADIKERI, KODAGU DISTRICT.

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

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.12/2025 registered by Kodagu Women Police Station, Kodagu for the offences punishable under Sections 376(2)(n), 506, 417 of IPC, 1860 is before this Court under Section 438 of Cr.P.C seeking anticipatory bail.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.12/2025 was registered by Kodagu

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Women Police Station, Kodagu, against the petitioner herein for the aforesaid offences on the basis of first information dated 27.02.2025 received from victim lady aged about 27 years.

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NC: 2025:KHC:18791 CRL.P No. 6151 of 2025

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HC-KAR

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The bail application filed by the petitioner in

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Crl.Misc.No.104/2025 before the jurisdictional Sessions Court was rejected on 01.04.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner as well as the victim lady are police constables and they are acquainted to each other from the year 2019 and they were in love and had a consensual relationship. Only after said relationship had failed the first informant has filed false case against the petitioner with an intension to harass the petitioner. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP submits that considering the nature of allegations found in the FIR custodial interrogation of the petitioner is necessary. Accordingly, prays to dismiss the petition.

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Perusal of the first information which is submitted by the victim lady aged about 27 years would go to show that she is working as a police constable and in the year 2019 she came in contact with petitioner who is also working as a police constable. She has stated in the first information that they

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4 - NC: 2025:KHC:18791 CRL.P No. 6151 of 2025

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HC-KAR

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were exchanging messages and talking to each other and their friendship turned into love. Allegation against the petitioner is that with a promise to marry the victim lady he had sex with her and thereafter he has refused to marry her and has been threatening victim lady saying that he will circulate their private photos in social media.

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Reading of the first information would go to show that petitioner and victim lady had a consensual relationship since the year 2019 which continued till the month of June, 2024. It appears, thereafter their relationship has got strained. Subsequently petitioner filed a complaint before the higher police officer alleging that the victim lady has threatening him to marry her. Subsequent to his complaint, victim lady has also filed a complaint against the petitioner on 27.02.2025.

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Considering the fact that first informant and petitioner were in a relationship for a considerable period of time and the petitioner is a police constable having no criminal antecedents and he has undertaken to co-operate with police for the purpose of investigation, I am of the opinion that prayer

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NC: 2025:KHC:18791 CRL.P No. 6151 of 2025

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HC-KAR

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made by the petitioner for grant of anticipatory bail needs to be answered affirmatively.

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Accordingly, the following:

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O R D E R

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The Criminal Petition is allowed.

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The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in Crime No.12/2025 registered by Kodagu Women Police Station for the offences punishable under Section 376(2)(n), 506, 417 of IPC, 1860 subject to the following conditions:

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a. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/(one lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer.

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b. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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c. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with

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