Mr. Subhash R. Shetty vs The State Of Karnataka
2023 Latest Caselaw 7367 Kant

                                           -1-
                                                       NC: 2023:KHC:38253
                                                   CRL.P No. 6969 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 30TH DAY OF OCTOBER, 2023

                                         BEFORE
                  THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                        CRIMINAL PETITION NO. 6969 OF 2023


                 BETWEEN:
                    MR. SUBHASH R. SHETTY
                    S/O RUKKAYYA SHETTY,
                    AGED ABOUT 43 YEARS,
                    JOURNALIST,
                    R/O 3-38, DURGA NIVASA,
                    BADAGAMIJAR VILLAGE,
                    TENKAMIJAR ASHWATHAPURA
                    DAKSHINA KANNADA-574 227.

                                                            ...PETITIONER
                 (BY SRI. RAJARAMA S., ADVOCATE)
Digitally
signed by
SUMA B N         AND:
Location: High
Court of
Karnataka           THE STATE OF KARNATAKA
                    REPRESENTED BY INSPECTOR OF POLICE,
                    JAYANAGARA POLICE STATION,
                    REPRESENTED BY SPP
                    HIGH COURT OF KARNATAKA
                    BANGALORE-560 001.

                                                           ...RESPONDENT
                 (BY SRI.JAIRAM SIDDI, HCGP)
                                  -2-
                                                   NC: 2023:KHC:38253
                                             CRL.P No. 6969 of 2023




       THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CR.P.C. BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED
TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE
EVENT OF ARREST BY THE RESPONDENT POLICE, JAYANAGARA
POLICE STATION IN CR.NO.68/2023 FOR THE OFFENCES
PUNISHALBE UNDER SECTIONS 384, 506 OF IPC PENDING ON
THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C.-1
COURT, SHIVAMOGGA DISTRICT.

       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:


                             ORDER

Accused in Crime No.68/2023, registered by

Jayanagara Police Station, Bengaluru City, for the offence

punishable under Sections 384 and 506 of IPC, is before

this Court under Section 438 of Cr.P.C., seeking

anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR was registered by Jayanagara Police,

Shivamogga, against the petitioner for the above offences

on the complaint of Sushma on 17.07.2023. In the

complaint it is averred that complainant is running a

NC: 2023:KHC:38253 CRL.P No. 6969 of 2023

Saloon in Shivajyothi complex, Usha Circle, Shivamogga

and on 22.06.2023 petitioner had visited the saloon and

asked the complainant to contact him. When the

complainant contacted petitioner on mobile phone he had

demanded a sum of Rs.1,00,000/- from her and had

threatened her that if she fails to pay the money, saloon

would be raided by the police on the allegation of running

prostitution business. Since the complainant had not paid

him the money petitioner had allegedly threatened her

stating that he will publish fake news in his newspaper. It

is in this background she had approached the police who

registered a case against the petitioner and apprehending

his arrest, petitioner had filed Crl.Misc. No.779/2023

before the II Additional District and Sessions Judge,

Shivamogga which was dismissed on 25.07.2023.

Therefore petitioner is before this Court.

4. The learned counsel for the petitioner reiterated

the grounds urged in the bail petition and sought for

allowing of the petition.

NC: 2023:KHC:38253 CRL.P No. 6969 of 2023

5. The learned HCGP opposes the bail application

and submits that petitioner is an habitual offender and he

is involved in similar cases earlier.

6. The material on record would go to show that

petitioner is the Chief Editor and publisher of a Kannada

Newspaper known as "Police Vartha Patrike". Allegations

made against him in the present case is that he had

demanded money from the complainant and had

threatened that he would publish news against her in his

newspaper on the false allegation of running prostitution

business. There is a delay in lodging the complaint.

Learned counsel for petitioner has produced the Judgment

in CC No.530/2021 and Special Case No.103/2018 which

were registered against the petitioner on similar

complaints and in both the cases petitioner has been

acquitted. However, considering the fact that there were

identical allegations made against the petitioner in the

earlier criminal cases also, I am of the view, stringent

conditions are required to be imposed on the petitioner

NC: 2023:KHC:38253 CRL.P No. 6969 of 2023

while granting him anticipatory bail. Accordingly, the

following:

ORDER

The Criminal Petition is allowed.

The petitioner/accused shall be released on bail in

the event of his arrest in Crime No.68/2023 registered at

Jayanagara Police Station, Shivamogga subject to

following conditions:

1) Petitioner shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond in a sum of Rs.2,00,000/- [Rupees Two Lakh only] with a likesum surety.

(2) He shall cooperate with the investigation and shall not tamper with the prosecution witnesses in any manner.

(3) He shall furnish his residential address/contact number and shall inform the Investigating Officer/Court regarding change in the address/contact number, if any.

NC: 2023:KHC:38253 CRL.P No. 6969 of 2023

(4) He shall be regular in attending the Court proceedings.

(5) He shall not involve himself in similar cases in future.

(6) In the event of petitioner violating any one of the bail conditions, the State and defacto complainant are at liberty to seek cancellation of this bail order.

Sd/-

JUDGE

SBN