Karnataka High Court

Shri. Narendra Kalahal vs State Of Karnataka on 11 September, 2024

Author:
S Vishwajith Shetty

Bench:
S Vishwajith Shetty

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NC: 2024:KHC:37494
CRL.P No. 9189/2024
C/W CRL.P.Nos.9225/2024,
9231/2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9189 OF 2024
C/W
CRIMINAL PETITION NOs.9225 OF 2024, 9231 OF 2024

IN CRL.P.NO.9189/2024:

BETWEEN:

SHRI NARENDRA KALAHAL
S/O NARAYANA
AGED 55 YEARS
R/O SAI MANDIRA
NEAR RAJIV GANDHI NAGAR
SHIRAHATTI, GADAG - 582 120
NOW R/O CHAKRA TRAINING CENTER
TAL HOSANAGARA
DIST SHIVAMOGGA - 577 425.
...PETITIONER
(BY SRI SANDESH P NADIGER, ADV.)

Digitally AND:
signed by
NANDINI
MS 1. STATE OF KARNATAKA
Location: THROUGH NAGARA POLICE STATION
High Court
of Karnataka REP BY SPP HIGH COURT
BENGALURU - 560 001.

2. SMT. AKSHATA
W/O GANESH KALAHAL
AGED ABOUT 26 YEARS
R/O CHAKRA TRAINING CENTER
TAL HOSANAGARA
DIST SHIVAMOGGA 577 425
NOW R/O NEERBUDIHAL TAL BADAMI
DIST BAGALKOTE 587 206.
...RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP)
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NC: 2024:KHC:37494
CRL.P No. 9189/2024
C/W CRL.P.Nos.9225/2024,
9231/2024

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
PRAYING TO ALLOW THE APPLICATION FILED BY THE PETITIONER
AND DIRECT THE RESPONDENT NO.1 POLICE TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.40/2024
REGISTERED BY THE NAGARA POLICE STATION, REGISTERED FOR
THE OFFENCE P/U/S 323, 498A AND 149 OF
IPC
, 1860 AND SEC. 3
AND 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF THE PRL. CIVIL
JUDGE (JR.DN.) AND JMFC, HOSANAGARA.

IN CRL.P.NO.9225 /2024:

BETWEEN:

SMT MANJULA NARENDRA K
W/O NARENDRA KALAHAL
AGE 48 YEARS
R/O RAJIV GANDHI NARAR
SHIRAHATTI, GADAG - 582 120
NOW R/O CHAKRA TRAINING
CENTER, TAL HOSANAGARA
DIST SHIVAMOGGA - 577 425.
...PETITIONER

(BY SRI K. NAGESHWARAPPA, HCGP)

AND:

1 . STATE OF KARNATAKA
THROUGH NAGARA POLICE STATION
REPRESENTED BY S P P HIGH COURT
BENGALURU - 560 001.

2 . SMT. AKSHATA
W/O GANESH KALAHAL
AGE 26 YEARS
R/O CHAKRA TRAINING
CENTER, TAL HOSANAGARA
DIST SHIVAMOGGA - 577 425.
NOW R/O NEERBUDIHAL
TAL BADAMI, DIST
BAGALKOTE - 587 206.
...RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP)
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NC: 2024:KHC:37494
CRL.P No. 9189/2024
C/W CRL.P.Nos.9225/2024,
9231/2024

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
PRAYING TO ALLOW THE APPLICATION FILED BY THE PETITIONER
AND DIRECT THE RESPONDENT NO.1 POLICE TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.40/2024
REGISTERED BY THE NAGARA POLICE STATION REGISTERED FOR
THE OFFENCE P/U/S 323, 498A AN D149 OF
IPC
, 1860 AND SEC. 3
AND 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF THE PRL. CIVIL
JUDGE (JR.DN.) AND JMFC, HOSANAGARA.

IN CRL.P.NO.9231/2024:

BETWEEN:

SHRI GANESH N. KALAHAL
S/O NARENDRA
AGED 31 YEARS
R/O HUDO COLONY
KUNCHANURU ROAD
TAL JHAMKANDI
DIST BAGALKOTE - 587 206.
NOW R/O CHAKRA TRANING
CENTER, TAL HOSANAGARA
DIST SHIVAMOGGA - 577 425.
...PETITIONER
(BY SRI SANDESH P. NADIGER, ADV.)

AND:

1. STATE OF KARNATAKA
THROUGH NAGARA POLICE STATION
REPRESENTED BY S P P HIGH COURT
BENGALURU - 560 001.

2. SMT. AKSHATA
W/O GANESH KALAHAL
AGE 26 YEARS
R/O CHAKRA TRAINING
CENTER, TAL HOSANAGARA
DIST SHIVAMOGGA 577 425
NOW R/O NEERBUDIHAL
TAL BADAMI, DIST BAGALKOTE - 587 206.
...RESPONDENTS
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NC: 2024:KHC:37494
CRL.P No. 9189/2024
C/W CRL.P.Nos.9225/2024,
9231/2024

(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
PRAYING TO ALLOW THE APPLICATION FILED BY THE RESPONDENT
AND DIRECT THE RESPONDENT NO.1 POLICE TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.40/2024
REGISTERED BY THE NAGARA POLICE STATION REGISTERED FOR
THE OFFENCE P/U/S 323, 498A AND 149 OF
IPC
, 1860 AND SEC. 3
AND 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF THE PRL. CIVIL
JUDGE (JR.DN.) AND JMFC, HOSANAGARA.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused nos.1 to 3 in Crime No.40/2024 registered by

Nagara Police Station, Shivamogga, for the offences punishable

under
Sections 323
,
498A
,
IPC and
Sections 3
&
of the

Dowry Prohibition Act, 1961, are before this Court under

Section 438
of Cr.PC seeking anticipatory bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.40/2024 was registered by Nagara Police

Station, Shivamogga, against the petitioners herein and

another for the aforesaid offences on the basis of the first

information dated 26.07.2024 received from Akshata Kalahal

who is the wife of accused no.1. Apprehending arrest in the

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CRL.P No. 9189/2024

C/W CRL.P.Nos.9225/2024,

9231/2024

said case, petitioners had filed applications before the

jurisdictional Sessions Court seeking anticipatory bail. The said

applications were rejected by the Sessions Court, and

therefore, the petitioners are before this Court.

4. Learned Counsel for the petitioners having reiterated the

grounds urged in the petition, submits that the relationship

between accused no.1 and his wife is strained. The alleged

offences are triable by the Court of Magistrate and the

maximum punishment for the same is imprisonment for a

period of three years. Petitioner are ready and willing to

cooperate with the police for the purpose of investigation.

Accordingly, he prays to allow the petitions.

5. Per contra, learned HCGP has opposed the petitions.

6. Perusal of the material available on record would go to

show that the marriage of accused no.1 and the first informant

was solemnized on 27.01.2022. It is appears that subsequently

their relationship got strained and the first informant was

suspecting that accused no.1 had illicit relationship with

accused no.4. The first information is now filed alleging that

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CRL.P No. 9189/2024

C/W CRL.P.Nos.9225/2024,

9231/2024

accused persons were ill-treating and torturing the first

informant in her matrimonial house and were also demanding

additional dowry from her. It is also alleged that accused no.1

has illicit relationship with accused no.4. Petitioners do not

have criminal antecedents. The alleged offences are triable by

the Court of Magistrate and the maximum punishment for the

said offences is imprisonment for a period of three years.

Petitioners have undertaken to cooperate with the police for the

purpose of investigation. Under the circumstances, I am of the

opinion that the petitioners prayer for grant of anticipatory bail

is required to be answered affirmatively. Accordingly, the

following order:

7. The petitions are allowed. The respondent - Police or any

other police in the State of Karnataka are directed to release

the petitioners in the event of their arrest in Crime No.40/2024

registered by Nagara Police Station, Shivamogga, for the

offences punishable under
Sections 323
,
498A
,
IPC and

Sections 3
&
of the Dowry Prohibition Act, 1961, subject to

the following conditions:

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NC: 2024:KHC:37494

CRL.P No. 9189/2024

C/W CRL.P.Nos.9225/2024,

9231/2024

1. The Petitioners shall appear before the
Investigating Officer within 15 days from the date
of receipt of the copy of this order and shall
execute a personal bond for a sum of Rs.1,00,000/-

each with two sureties for the likesum to the
satisfaction of the investigating officer.

2. Petitioners shall regularly appear before
the Trial Court without fail unless exempted by the
Trial Court for valid reasons.

3. Petitioners shall not tamper with the
prosecution witness and they shall co-operate with
the police for investigation and appear before them
whenever called upon.

4. The petitioners shall not involve in similar
offences in future.

SD/-

(S VISHWAJITH SHETTY)
JUDGE

KK