Ravi Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C. PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.0127/2025 REGISTERED BY MADIKEREI TOWN POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 310(2), 127(2) AND 118(1) READ WITH SECTION 3(5) OF BNS-2023 PENDING ON THE FILE OF COURT OF SENIOR CIVIL JUDGE AND CJM COURT MADIKERI KODAGU DISTRICT.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR

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ORAL ORDER

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The petitioner, who is arraigned as accused No.6, is before this Court seeking for grant of regular bail in Crime No.127/2025 registered by the respondent-police for the offences punishable under Sections 310(2), 127(2), 118(1) r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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Brief facts of the case:

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The case of the prosecution is that, a complaint

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came to be registered by Sri Mahadeva H.P. s/o Puttamadaiah, stating that he was the resident of Chamarajpet, Bengaluru and working in an automobile shop at J.C. Road, Bengaluru. One and a half month prior to lodging the complaint, he had received a call from Rachana stating that “Are you a Principal?”. He replied that “He is not the Principal.” Thereafter, the said Rachana had sent her number and intended to make

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HC-KAR

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friendship with him. Both the complainant and Rachana had exchanged their photos through WhatsApp.

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It is further stated that on 20.11.2025, the complainant had received a WhatsApp message stating that accused No.1 was coming to Rajarajeswari Dental Hospital, Bengaluru and asked the complainant to meet her. He went there and met her around 02.20 p.m. Then, he was requested to pay Rs.5,000/-, as she was suffering from financial crisis. Accordingly, he had paid the amount of Rs.5,000/- through GooglePay. In all, she had received Rs.10,000/- from the complainant.

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On 12.12.2025, around about 8.00 a.m.,

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Rachana had called him and asked him to go to Madikeri. He went to Madikeri and waiting for her call to go to her house. Around about 10.30 p.m., he was asked to come near Nakshatra Super Market, Madikeri. He went to the location of which he had received on WhatsApp. Accused No.1 took the complainant to her house and they were talking with each other. In the meantime, around about

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HC-KAR

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11.45 p.m., the complainant had heard the sound of an autorickshaw. The persons who came in the autorickshaw entered inside the house. They were introduced as brother and mother of accused No.1.

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The so-called brother of accused No.1 had sent

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both accused Nos.1 and 5 outside the house and called accused Nos.3 and 4 to the house. All the accused had confined the complainant in the room and assaulted, intimidated and insulted by making videograph of the bare body of the complainant. However, the complainant had managed to escape from the clutches of the accused and went to police station and lodged a complaint.

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On the basis of the complaint, the respondent – Police have registered F.I.R. in Crime No.127/2025 for the aforesaid offences.

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Heard Mr. T.A. Karumbaiah, learned counsel for the petitioner and Ms. Asma Kauser, Addl. SPP, for respondent - State.

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HC-KAR

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It is the submission of the learned counsel for

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the petitioner that, as per the averments of the complaint, only three persons were present and they had assaulted the complainant. However, the petitioner who is arraigned as accused No.6 had also been implicated falsely only in order to harass him. Therefore, the petitioner may be enlarged on bail, by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition.

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Per contra, learned Addl. SPP for respondent - State vehemently submitted that the petitioner is one of the associate of Sujith. The said Sujith is arraigned as accused No.3 in this case. The said Sujith is a rowdy sheeter. There are as many as nine cases are pending against the accused No.3. Therefore, it is not appropriate to grant him bail. If the petitioner is enlarged on bail, there may be chances of absconding from the case and also chances of tampering the prosecution witnesses.

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HC-KAR

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Hence, the said petition has to be rejected. Making such submissions, learned Addl. SPP prays to reject the petition.

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Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and other materials on record, the averments of the complaint do not disclose the presence of the petitioner/accused No.6 in the alleged incident. Having considered the averments of the complaint, it is appropriate to grant him bail, by imposing suitable conditions.

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Hence, I proceed to pass the following:

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ORDER

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(i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime

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HC-KAR

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No.127/2025 of respondent-police

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for the offences stated supra , on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court.

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(iii) The petitioner shall not threaten or tamper the prosecution witnesses

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nor hamper the proceedings of the Court.

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(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.

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(v) The petitioner shall not involve in any criminal cases till disposal of the case.

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In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the

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