Karnataka High Court
Gopal Ranjeri vs The State Of Karnataka on 20 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 201622 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.201622 OF 2024
(438(Cr.PC)/482(BNSS))
BETWEEN:
GOPAL RANJERI S/O TULJAPPA,
AGE: 35 YEARS, OCC: DRIVER,
R/O. HO.NO.399, RING ROAD,
NEAR JODA HANUMAN TEMPLE,
ASHRAYA COLONY, KALABUAGI-585102.
...PETITIONER
(BY SRI ASADULLA AMANULLA, ADVOCATE)
AND:
Digitally signed
by SHILPA R THE STATE OF KARNATAKA THROUGH
TENIHALLI KALABURAGI CITY WOMEN P.S.,
Location: KALABURAGI
HIGH COURT (REPRESENTING BY
OF
KARNATAKA LEANED ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP )
THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S.
482 OF BNSS (NEW), PRAYING TO ISSUE DIRECTION TO THE
KALABURAGI CITY WOMEN POLICE AS WELL AS
JURISDICTIONAL MAGISTRATE TO ENLARGE THE ACCUSED/
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PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.
123/2024, FOR THE OFFENCES PUNISHABLE U/SEC. 366,
376(2)(n), 420, 342, 506, 504, 109 R/W SEC. 149 OF IPC
PENDING BEFORE THE I ADDITIONAL JMFC AT KALABURAGI.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused No.1 in Crime No.123/2024 registered by
Kalaburagi City Women Police Station, Kalaburagi for the
offences punishable under Sections 366, 376(2)(n), 420,
342, 506, 504, 109 read with Section 149 of IPC, is before
this Court under Section 482 of BNSS, 2023, seeking
anticipatory bail.
2. Heard learned counsel for the petitioner and
learned High Court Government Pleader for the
respondent – State.
3. FIR in Crime No.123/2024 was registered by
Kalaburagi City Women Police Station, Kalaburagi against
the petitioner herein and others for the aforesaid offences
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CRL.P No. 201622 of 2024
on the basis of the first information dated 30.11.2024,
received from the victim lady, aged about 29 years.
Apprehending his arrest in this said case, petitioner had
filed Crl.Misc.No.2034/2024 before the jurisdictional
Sessions Court, which was rejected as against him on
12.12.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner having
reiterated the grounds urged in the petition has prayed to
allow the petition.
5. Learned High Court Government Pleader, who
has opposed the petition, prays to dismiss the petition.
6. Perusal of the typed first information dated
30.11.2024 submitted by the victim lady, aged about 29
years, would go to show that her marriage with one
Hanumantha Itenavar was performed by her parents in
the year 2014. The petitioner allegedly was residing in a
house adjacent to the house of the first informant’s
husband. A reading of the first information would go to
show that ever since the year 2015, the victim lady had an
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illicit relationship with the petitioner herein and it appears
that in the year 2015 itself, she had deserted her husband
and started residing with the petitioner. The allegation
against the petitioner is that with a promise to marry the
victim lady, he had sexual intercourse with her. It is
further alleged that in the year 2023, the petitioner asked
the victim lady to bring a sum of Rs.2,00,000/- from her
parents’ house and since she refused to bring the money,
the petitioner allegedly left her in her parents’ house. The
efforts made by the victim lady to contact the petitioner
thereafter had failed. It is in this background, she has
approached the police on 30.11.2024.
7. From a reading of the first information, it
appears that the petitioner and the victim lady had a
consensual relationship for a period of nearly eight years
and only after the said relationship had failed, the victim
lady has approached the police. It appears that her
marriage with Hanumantha Itenavar is still subsisting and
therefore, the allegation that petitioner had sexual
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CRL.P No. 201622 of 2024
intercourse with the victim lady with the promise to marry
her cannot be believed. Under the circumstances, I am of
the opinion that the prayer made by the petitioner for
grant of anticipatory bail needs to be answered
affirmatively. Accordingly, the following order is passed:
ORDER
The petition is allowed.
The respondent – Police or any other police in the
State of Karnataka are directed to release the petitioner in
the event of his arrest in Crime No.123/2024 registered by
Kalaburagi Women police station, Kalaburagi for the
offences punishable under Sections 366, 376(2)(n), 420,
342, 506, 504, 109 read with Section 149 of IPC, pending
before the Court of I Additional JMFC at Kalaburagi,
subject to the following conditions:
1. Petitioner shall execute a personal bond for
a sum of Rs.1,00,000/- with two sureties for the
likesum to the satisfaction of the investigating
officer.
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CRL.P No. 201622 of 2024
2. Petitioner shall regularly appear before the
Trial Court without fail unless exempted by the
Trial Court for valid reasons.
3. Petitioner shall not tamper with the
prosecution witnesses and he shall co-operate
with the police for investigation and appear
before them whenever called upon.
4. Petitioner shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SRT
List No.: 1 Sl No.: 19
CT:PK
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