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2025 DAILYLAW 10824 (KAR)

DAYANANDA v. THE STATE

CRL.P/200787/2025 · 2025-05-08

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2627 CRL.P No. 200787 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200787 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. DAYANANDA S/O GURAVAPPA NAYAK, AGE: 35 YEARS, OCC: AGRICULUTRE, R/O BELLIGANUR VILLAGE, TQ. MASKI, DIST. RAICHUR-584 138. 2. VEERESH S/O GURAVAPPA NAYAK, AGE: 32 YEARS, OCC: AGRICULUTRE, R/O BELLIGANUR VILLAGE, TQ. MASKI, DIST. RAICHUR-584 138. …PETITIONERS (BY SRI. B.K. PATIL, ADVOCATE) AND: THE STATE, THROUGH SHO, BALAGANUR P.S., DIST. RAICHUR-584 138, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH AT KALABURAGI. …RESPONDENT (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2627 CRL.P No. 200787 of 2025 THIS CRL.P IS FILED U/S. 438 OF CR.P.C(OLD) / U/S. 482 OF BNSS, PRAYING TO ALLOW ANTICIPATORY BAIL PETITION AND RELEASE THE ACCUSED IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE AND ALLOW THE CRIMINAL PETITION AND ORDER TO RELEASE THE PETITIONERS ON BAIL IN CR. NO. 136/2024 OF BALAGANOOR P.S. FOR THE PUNISHABLE U/SEC. 189(2), 191(2), 191(3), 118(2), 109, 352, 351(2), 190 OF BNS-2023 ACT, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT MASKI, RAICHUR DIST. 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) Learned counsel for the petitioners after arguing the matter for sometime submits that investigation of the case is completed and charge sheet has been filed. The petitioners had earlier approached this Court in Crl.P.No.200181/2025 seeking anticipatory bail and this - 3 - NC: 2025:KHC-K:2627 CRL.P No. 200787 of 2025 Court had rejected the prayer made by the petitioners, while granting anticipatory bail to accused Nos.4 and 5. He submits that at this stage petition may be dismissed as not pressed with liberty to the petitioners to surrender before the jurisdictional Court and make necessary application seeking regular bail. He also submits that considering the fact that there is a case and counter case in respect of alleged incident, concerned Court maybe directed to consider the bail application and dispose off the same as expeditiously as possible. 2. Learned Additional Government Advocate appearing for the respondent does not oppose the prayer made by the petitioners. 3. Submissions are placed on record. 4. Petition is dismissed as not pressed with liberty as prayed for. In the event the petitioners surrender before jurisdictional Court and file necessary applications seeking regular bail, the same shall be - 4 - NC: 2025:KHC-K:2627 CRL.P No. 200787 of 2025 considered and disposed off on merits as expeditiously as possible. 5. All contentions urged are kept open. Sd/- (S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 10 CT: AK