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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.4183/2021

BETWEEN:

RADHA M

D/O. LATE. MANJUNATHA

AGED ABOUT 31 YEARS

R/AT NO.818, 1^ST FLOOR

10^TH MAIN, 5^TH CROSS

MAHADESHWARA BADAVANE

MYSURU CITY- 570016

& PETITIONER

(BY SRI MURTHY.K: ADVOCATE)

AND:

1.

SRI. ANANDA H.M

S/O K.MARIYAPPA

AGED ABOUT 35 YEARS

R/AT NO.24, GOVT. SCHOOL ROAD

HEBBADI HUNDI (VILLAGE AND POST)

SRIRANGAPATNA TALUK

MANDYA DISTRICT-571477

2.

THE STATE OF KARNATAKA

BY THE VIJAYANAGARA POLICE STATION

MYSURU CITY.

REP BY: THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BANGALORE-560001

& RESPONDENTS

(BY

SRI

CHANDRAMOULI

H.S,

ADVOCATE

FOR

RESPONDENT

NO.1,

SRI

H.R.SHOWRI:

HCGP

FOR

RESPONDENT NO.2)

2

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439(2) OF CR.P.C. PRAYING TO CANCEL THE ANTICIPATORY

BAIL

ORDER

DATED

30.03.2021

AT

ANNEXURE-D

GRANTED/PASSED

BY

THIS

HONBLE

COURT

IN

CRL.P.NO.431/2021

IN

FAVOUR

OF

RESPONDENT

NO.1/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 376, 406, 313, 354, 417, 504, 506 AND 509 OF IPC

IN CONNECTION WITH CR.NO.137/2020 AND SAVE THE

PETITIONER9S LIFE IN THE SOCIETY BY DIRECTING THE

RESPONDENT NO.2 - POLICE TO TAKE SUITABLE LEGAL ACTION

AGAINST THE RESPONDENT NO.1 AS PER LAW.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT PASSED THE FOLLOWING:

O R D E R

The petitioner-complainant is before this Court

seeking cancellation of bail granted to respondent-accused

No.1 by this Court vide order dated 30.03.2021 passed in

Criminal Petition No.431/2021 and to take respondent-

accused No.1 into custody in Crime No.137/2020 of

Vijayangara Police Station, Mysuru City, registered for the

offences punishable under Sections 376, 406, 313, 354,

417, 504, 506 and 509 of the Indian Penal Code (for short

'IPC').

2.

Heard Sri Murthy.K, learned Counsel for the

petitioner, Sri Chandramouli H.S, learned Counsel for

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respondent No.1 and Sri H.R.Showri, learned HCGP for

respondent No.2. Perused the materials on record.

3.

Learned counsel for the petitioner submitted

that the petitioner is the complainant who lodged the first

information against respondent No.1 alleging commission

of the offences punishable under Sections 376, 406, 313,

354, 417, 504, 506 and 509 of IPC. FIR came to be

registered in Crime No.137/2020 of Vijayanagara Police

Station,

Mysuru

City.

However,

respondent

No.1

approached this Court by filing Crl.P.No.431/2021, which

came to be allowed vide order dated 30.03.2021 granting

anticipatory bail in favour of respondent No.1 subject to

conditions. One of the conditions imposed by the Co-

ordinate Bench of this Court is not to threaten or allure the

prosecution witnesses and the other condition is not to

leave the jurisdiction without prior permission from the

jurisdictional Court. After getting anticipatory bail by this

Court, respondent No.1 has indulged in threatening the

petitioner by making whatsapp call and also through

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whatsapp messages. He is calling the petitioner through

different phone numbers and threatening the petitioner

that he will kill her if she is not ready to withdraw the

complaint lodged against respondent No.1.

4.

Learned Counsel further contended that the

screenshots of whatsapp chats produced before the Court

clearly demonstrate that he is trying to induce and

threaten the petitioner to come to terms. It is also stated

that respondent No.1 is sending strangers to the house of

the petitioner, as the petitioner is staying alone in Mysuru

and working as PSI. She is having life threats. By doing

all these acts, respondent No.1 has violated condition No.4

imposed by this Court vide order dated 30.03.2021.

5.

Learned

counsel

also

submitted

that

a

complaint is lodged in V.V.Puram Police Station, Mysuru on

30.04.2021 stating the details regardin