IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 14365 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MANJUNATHA @ CABLE MANJA

S/O. RUDRAPPA

AGED ABOUT 37 YEARS

R/O. DUBARATHATTI, MUDUGOPPA

HOSANAGARA TALUK-577 418

SHIVAMOGGA DISTRICT.

…PETITIONER

(BY SRI.NATARAJ DONKENNANAVAR ADOVATE FOR

SRI. PRUTHVI WODEYAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY PSI,

NAGARA POLICE STATION,

Digitally signed by

LAKSHMINARAYANA HOSANAGARA TALUK-577 418.

MURTHY RAJASHRI

SHIVAMOGGA DISTRICT

Location: HIGH

COURT OF REP BY S.P.P HIGH COURT BUILIDING

KARNATAKA

BENGALURU- 01.

…RESPONDENT

(BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S

483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.46/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 329(4), 64, 351(2) OF THE BNS ACT PENDING BEFORE THE COURT OF PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT, HOSANAGARA SHIVAMOGGA DISTRICT REGISTERED

BY THE HOSANAGARA CIRCLE, NAGARA P.S.THE V ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the sole accused under Section 483 of BNSS praying to grant anticipatory bail in Crime No.46/2025 of Nagara Police Station, Shivamogga registered for offences punishable under Sections 329(4), 64, 351(2) of BNS.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

3. Learned counsel for the petitioner would contend that the alleged incident happened at 06.30a.m., on 09.09.2025 and complaint has been filed at 11.30 a.m. on the same day and there is a delay in filing the complaint. There was earlier complaint by the victim against this petitioner in the year 2023 regarding attempt to commit sexual assault. This petitioner has also filed complaint against the victim lady of atrocity on him. He submits that as there was earlier enmity, a false complaint has been lodged against the petitioner. The investigation is almost completed and therefore, the petitioner is not required for custodial interrogation. With these, he prays to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the statement of the victim girl has been recorded under Section 183 of BNSS. The victim has been examined by the doctor and viginal swab etc., have been collected and sent for FSL examination. The FSL report is negative with regard to seminal stains on the clothes and bed spread of the cot. The doctor who examined the victim lady has opined that she is used to an act like that of sexual intercourse. The investigation is in progress. With this she prayed to reject the petition.

5. Having heard learned counsels, this Court has FIR, complaint and other materials placed on record.

6. The alleged incident has taken place on

09.09.2025 at 06.30 a.m. and complaint has been filed on the same day at 11.30a.m. on the same day. The victim was examined by the doctor and collected swab, clothes etc., of the victim and sent for FSL examination. Even the clothes of the petitioner were sent for examination. The seminal stains were not detected on the clothes of the victim. The doctor who examined the victim has opened that she is used to an act like that of sexual intercourse. There are complaints by this petitioner against the victim and by victim against this petitioner in the year 2023. Investigation is almost completed. Considering the said aspect, the petitioner is not required for custodial interrogation. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

7. In the result, the following ORDER i) The petition is allowed.

ii) The petitioner is granted bail in Crime No.46/2025 of Nagara Police Station, Shivamogga subject to following conditions.;

iii) The petitioner -a