IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

CRIMINAL PETITION NO.2173 OF 2021

C/W

CRIMINAL PETITION NO.2197 OF 2021

IN CRL.P NO.2173/2021:

BETWEEN:

SRI. G. SRINIVAS MURTHY. G @ SEENA,

AGED ABOUT 39 YEARS,

S/O LATE SRI GANGADHARAPPA,

R/AT NO.44, 5TH CROSS,

HMT MAIN ROAD, 1ST STAGE,

2ND PHASE, DIWANARAPALYA,

MSRIT,

BANGALORE-560054. ...PETITIONER

(BY SRI M PARTHA, ADVOCATE)

AND:

STATE OF KARNATAKA BY

YESHWANTHPURA P.S.,

BANGALORE CITY

REP BY HCGP-09. ...RESPONDENT

(BY SRI MAHESH SHETTY, HCGP

SRI BHARATH KUMAR V ON IMPLEADING I.A)

2

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT

OF

HIS

ARREST

IN

CR.NO.227/2020

OF

YESHAWANTHAPURA P.S., BANGALORE CITY FOR THE OFFENCE

P/U/S 307, 324, 506, 201 R/W 34 OF IPC.

IN CRL.P NO.2197/2021:

BETWEEN:

SRI. VISHWANATH REDDY,

AGED ABOUT 35 YEARS,

S/O LATE SRI VENKATARAMI REDDY,

R/AT NO.20/1, 1ST FLOOR,

18TH B CROSS, MUTHYALANAGAR,

BANGALORE-560054

ALSO AT:

VENKATAPURA VILLAGE,

PAVAGADA TALUK

TUMKUR-561202. ...PETITIONER

(BY SRI M PARTHA, ADVOCATE)

AND:

STATE OF KARNATAKA BY

YESHWANTHPURA P.S

BANGALORE CITY

REP B HCGP,

BANGALORE. ...RESPONDENT

(BY SRI MAHESH SHETTY, HCGP

SRI BHARATH KUMAR V ON IMPLEADING I.A)

****

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT

OF

HIS

ARREST

IN

CR.NO.227/2020

OF

YESHAWANTHAPURA P.S., BANGALORE CITY FOR THE OFFENCE

P/U/S 307, 324, 506, 201 R/W 34 OF IPC.

3

THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING THROUGH PHYSICAL HEARING:

ORDER

Crl.P.2173/2021 is filed by accused No.2 and Crl.P.2197/2021

is filed by accused No.3; both these petitions are filed under Section

438 Cr.P.C. for seeking anticipatory bail in the event of their arrest

in connection with Crime No.227/2020 of Yeshwanthapura Police

Station, Bengaluru City, registered for the offence punishable under

Section 324, 307, 506, 201 read with 34 of IPC (C.C.No.2517/2021

pending on the file of XXIV Additional Chief Metropolitan Magistrate,

Bengaluru).

2.

The facts leading to this petition are that on the

complaint filed by the injured-victim, the police have registered the

case. The allegations are that the complainant, who was working in

a dance bar, had acquaintance with accused No.1 by name Biju.

On 23.10.2020 evening at about 5.00 p.m. the complainant had

gone to the house of accused No.1-Biju, and his friends by name

Seena and Vishwanath Reddy were there. After having food, the

said Seena and Vishwanath Reddy left the house and then the

4

complainant and accused No.1-Biju were talking to each other. At

about 06:45 p.m. accused No.1-Biju proposed to marry the

complainant, when she refused on the reason that she is already

married, accused No.1 assaulted her with knife, as a result of which

she became unconscious. Thereafter, accused No.1 and another

person carried her to hospital. On the basis of the said complaint,

the police have registered the case against accused No.1 for the

offence punishable under Section 324 of IPC. Subsequently, offence

punishable under Sections 307, 506 of IPC have been inserted.

After completion of investigation, the police have submitted the

charge sheet, wherein the petitioners have been arrayed as accused

Nos.2 and 3.

3.

On filing the charge sheet, the police officials started

making attempts to arrest these petitioners, apprehending their

arrest, they had approached the sessions Court seeking anticipatory

bail, but the sessions Court rejected their bail application on the

reason that investigation of the case