Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4687 CRL.P No. 581 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 581 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1. DARSHAN S/O LATE ANNEGOWDA, AGED ABOUT 28 YEARS,
2. RAVI S/O LATE CHANDREGOWDA, AGED ABOUT 25 YEARS,
3. GOWTHAM S/O SHIVANNA, AGED ABOUT 25 YEARS,
ALL ARE RESIDING AT DANTARAMAKKI VILLAGE, JYOTHINAGARA POST CHIKKAMAGALURU CITY-577101 …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
STATE BY CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -01 …RESPONDENT (BY MS. ASMA KAUSER, ADDL. SPP)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:4687 CRL.P No. 581 of 2025
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.208/2024, THE CASE IS REGISTERED BY CHIKKAMAGALURU, AGAINST THE PETITIONER, FOR THE OFFENCE P/U/S 189(2),189(4),352,109(1),126(2),118(1),115(2),351(2) R/W 190 OF BNS, 2023, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DV) AND CJM COURT, AT CHIKKAMAGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for the petitioners, learned Additional SPP and perused the material on record.
2. FIR No.191/2024 is registered at Chickmagalur Police station against Accused Nos.1 to 8 and others for offences punishable under Sections 189(2), 189(4), 352, 109(1), 126(2), 118(1), 115(2), 351(2) and 190 of BNS,
2023.
3. A perusal of the complaint lodged by one Manu s/o. Chandraiah discloses that there was a verbal quarrel which took place on 2.12.2024 between the complainant, his
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NC: 2025:KHC:4687 CRL.P No. 581 of 2025
friends and accused persons in one Deepa Bar, where they had gone for consuming alchohol. In this background, on 3.12.2024 at about 3.00 p.m., when the complainant and his friends had been to Salumaradamma Temple, all the accused with a common object of committing murder, formed an unlawful assembly armed with deadly weapons like sickle, clubs etc., and assaulted the complainant and his friends viz., Mallikarjuna and Saif Ali Khan.
4. The injured were shifted to Government Hospital, Chickkamagaluru. As per the wound certificate, one of the injured by name Saif Ali Khan has sustained grievous injuries. The other two injured viz., Mallikarjuna and the complainant have sustained simple injuries.
5. As per complaint averments, accused No.1 has assaulted the complainant on his forehead with a rod and accused by name Baddi Raki (A2) assaulted Saif Ali Khan with a sickle on his head. Accused Nos.4, 6 and 12 are alleged to have assaulted Mallikarjuna with clubs on his knees, leg, back etc.
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NC: 2025:KHC:4687 CRL.P No. 581 of 2025
6. The petitioners are accused Nos.4, 6 and 9 respectively. It is the contention of the learned counsel for the petitioners that they are falsely implicated in this case and certain omni bus allegations are made against them that, they too have assaulted the complainant and other two injured.
7. The specific overt acts of assaulting the injured persons with a sickle are against accused Nos.1 and 2. Omnibus allegations are made against the other accused. Petitioners have no criminal antecedents. They have undertaken to co-operate with the investigation of the case. Hence, by imposing conditions, they can be released on bail.
8. Accordingly, the following:-
ORDER i) Petition is allowed. ii) Petitioners/accused Nos.4, 6 and 9 in Crime No.208/2024, registered at Chickmagalur Police station, shall be released, in the event of their arrest, subject to following conditions:
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NC: 2025:KHC:4687 CRL.P No. 581 of 2025
a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with a surety for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings.
Sd/- (MOHAMMAD NAWAZ) JUDGE
rs/List No.: 1 Sl No.: 25