Karnataka High Court
Thimme Gowda vs State Of Karnataka By on 15 May, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:18260
CRL.A No. 930 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 930 OF 2025
BETWEEN:
THIMME GOWDA,
S/O BOMMACHANNEGOWDA,
AGED 39 YEARS,
RESIDING AT NO. 406,
THE TREE APARTMENT,
SYNDICATE LAYOUT, HEROHALLI,
BENGALURU - 560 091.
...APPELLANT
(BY SRI. NATARAJ D, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BAGALAGUNTE P.S.,
Digitally signed REP. BY STATE PUBLIC PROSECUTOR,
by NIRMALA OFF. AT HIGH COURT OF KARNATAKA,
DEVI BENGALURU - 560 001.
Location:
HIGH COURT 2. ANURADHA K,
OF D/O LATE KRISHNAPPA,
KARNATAKA
AGED ABOUT 34 YEARS,
NO. 32, M.R. BUILDING,
A.Y.R LAYOUT, SHETTIHALLI,
BENGALURU CITY,
KARNATAKA - 560 015.
...RESPONDENTS
(BY SMT. SOWMYA R, HCGP FOR R1;
R2 IS SERVED AND UNREPRESENTED)
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NC: 2025:KHC:18260
CRL.A No. 930 of 2025
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING 1) TO SET ASIDE THE ORDER DATED
19.04.2025 PASSED BY THE LXX ADDL. CITY CIVIL AND
SESSIONS JUDGE AND SPL. JUDGE, BENGALURU (CCH-71) IN
CRL.MISC.NO.3067/2025.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
The appeal is filed by the accused No(1) praying to set
aside the order dated 19.04.2025 passed in
Cri.Misc.3067/2025 by LXX Addl. City Civil and Sessions
Judge and Spl. Judge, Bengaluru (CCH-71) where under
the bail application of the appellant caused in respect of
Crime.No.158/2025 of Bagalagunte P.S. registered for
offences punishable under Section 115 (2), 118(1), 3(5),
351(2), 352, 69 and 89 of BNS and U/s 3(1) (r ), 3(1) (S)
of SC/ST Act came to be rejected.
2. Heard the learned counsel for the appellant and
learned HCGP for respondent No.1-State. Despite service
NC: 2025:KHC:18260
of notice, Respondent No.2 remained absent and
unrepresented.
3. The allegation against the appellant-accused is
false promise to marry the respondent No.2. Respondent
No.2 was divorcee and she developed relationship with the
appellant-accused and it is alleged that she became
pregnant and she underwent abortion.
4. The case is still under the investigation. Whether
the appellant has made a promise to marry the respondent
No.2 and he did not perform the said promise is the
matter of investigation and trial. The appellant is in
Judicial custody since 05.04.2025. The appellant has
undertaken to co-operate with the police in the
investigation. Without considering these aspects, the
learned Special Court has rejected the bail application of
the appellant-accused. The appellant-accused has made
out grounds for setting aside the impugned order and
grant of bail with conditions. As a result the following:
NC: 2025:KHC:18260
ORDER
1. The Appeal is allowed.
2. The impugned order dated dated 19.04.2025 passed
in Cri.Misc.3067/2025 by LXX Addl. City Civil and Sessions
Judge and Spl. Judge, Bengaluru (CCH-71) is set aside.
3. The appellant is granted bail in Crime No158/2025
of Bagalakunte P.S subject to the following conditions.
1.The appellant/accused shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with one surety
for the likesum to the satisfaction of the
trial Court.
2. The appellant/accused shall cooperate
with the police in the investigation.
3. The appellant/accused shall not tamper
the prosecution witnesses.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
RCK, List No.: 1 Sl No.: 139,
