IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF AUGUST, 2017
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO. 5232/2017
1. Srikanth K.G
Aged about 34 years
S/o Ganesh Nayak
Aged 26 years
3. Harish Nayak
Aged about 36 years
S/o Babu Nayak
Now R/a No.94/2
3rd Main, 6th Cross
Aged 30 years
S/o Krishna Purusha
Nerimogaru Post and village
(By Sri M.Vikas, Advocate for
Sri Sachin B.S, Advocate)
State of Karnataka
By Puttur Town Police Station
State Public Prosecutor
High Court of Karnataka
Bengaluru – 560 001.
(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:
Heard learned counsel for the petitioners and
learned High Court Government Pleader for the
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
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
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-
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.
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.