Srikanth K. G. vs State Of Karnataka on 2 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02ND DAY OF AUGUST, 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO. 5232/2017

Between:

1. Srikanth K.G
Aged about 34 years
S/o Ganesh Nayak
Bhagamandala
Madikeri, Kodagu-576101

2. Pavitra
Aged 26 years
Barimaru House
Kagekana Post
Bantwal Taluk
Mangalore-571101

3. Harish Nayak
Aged about 36 years
S/o Babu Nayak
Samethadka Darbe
Puttur
Now R/a No.94/2
3rd Main, 6th Cross
Maruti Nagara
Bengaluru-560072
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4. Chandranath
Aged 30 years
S/o Krishna Purusha
Mugeradka House
Nerimogaru Post and village
Puttur, D.K-571101
…Petitioners
(By Sri M.Vikas, Advocate for
Sri Sachin B.S, Advocate)

And

State of Karnataka
By Puttur Town Police Station
Represented by
State Public Prosecutor
High Court of Karnataka
Bengaluru – 560 001.
…Respondent
(By Sri S. Vishwamurthy, HCGP.)

This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.72/2017 of Puttur
Town P.S., D.K, which is registered for the offences
punishable under Sections 193, 177, 181, 182, 496,
341, 498A, 355, 143, 147, 148, 365, 366, 368, 370,
392, 420, 342, 343, 346, 354, 363 r/w 149 IPC and
Sections 3, 7 and 25(3) of Arms Act.

This Criminal Petition coming on for Orders
this day, the Court made the following:
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ORDER

Heard learned counsel for the petitioners and

learned High Court Government Pleader for the

respondent-State.

2. The petitioners apprehend their arrest by the

respondent-police in their Crime No.72/2017 in respect

of the offences punishable under Sections 193, 177,

181, 182, 496, 341, 498A, 355, 143, 147, 148, 365,

366, 368, 370, 392, 420, 342, 343, 346, 354, 363 r/w

149 IPC and Sections 3, 7 and 25(3) of Arms Act.

3. The petitioner No.1 is said to be working in

Madras Regiment Indian Army. The case is registered

on the reference of a private complaint registered before

the jurisdictional magistrate for investigation to the

respondent-police.

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4. The allegation is, the complainant-

Sushmitha.N was abducted by accused Nos. 2 to 5,

taken to sub-registrar office, Puttur and got the

marriage with accused No.1 registered forcibly. She was

illegally confined in the house of accused No.2. She was

threatened by the first accused and molested. The first

and fifth accused took her to Madras and illegally

confined there also. The first accused has fabricated

documents as if he married her on 28.04.2017 and

presented the same before the Sub-Registrar of

marriages etc.

5. Sri M.Vikas, learned counsel for Sri Sachin

B.S, learned counsel for the petitioners submits that

there is enormous delay in lodging the complaint. On

the showing of the complainant herself, the marriage is

in subsistence and not nullified by any Court of law.

The petitioners hail from respectable families, they are

under the apprehension of arrest by the respondent-
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police. If anticipatory bail is granted they will appear

before the Investigating Officer and co-operate for

further course of investigation.

6. Having regard to the nature of allegation,

there is no impediment to allow the petition. Hence, the

petition is allowed.

Petitioners are granted anticipatory bail in Crime

No.72/2017 registered by the respondent-Police on the

condition, petitioners No.3 and 4 shall forthwith appear

before the respondent-I.O.

The first petitioner is granted 20 days time to

appear before the I.O. The IO is at liberty to interrogate

him. In the event of their arrest, they shall be released

on bail by executing self bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) each with one surety for

the likesum to the satisfaction of the concerned Court.
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In view of the disposal of main petition,

IA.No.1/2017 does not survive for consideration.

Accordingly, I.A.No.1/2017 is disposed of.

Sd/-

JUDGE

Mkm/vbs

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