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NC: 2025:KHC:10838 CRL.P No. 1051 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1051 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
BABU @ RAJENDRA BABU S/O RACHAIAH AGED ABOUT 27 YEARS, R/AT CHIKKA HOSABEEDI, RAMASAMUDRA CHAMARAJANAGARA TOWN CHAMARAJANAGARA DISTRICT 571313 …PETITIONER (BY SRI. PRASANNA KUMAR B., ADVOCATE) AND:
STATE OF KARNATAKA BY RURAL POLICE STATION CHAMARAJANAGARA
REPRESENTED BY HIGH COURT STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.)
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITONER/ACCUSED NO.2 ON BAIL IN CC.NO.1941/2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA FOR THE OFFENCE P/U/S 341, 109, 354, 355, 143, 147, 353, 114, 354, 323, 427, 506, 504, 149 OF IPC 1860 WHICH REGISTERED BY THE RURAL POLICE STATION CHAMARAJANAGARA IN CR.NO.52/2023.
Digitally signed by NANDINI B G Location: High Court of Karnataka
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NC: 2025:KHC:10838 CRL.P No. 1051 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Crime No.52/2023 registered by Chamarajanagar Rural Police Station, Chamarajanagar, for offences punishable under Sections 143, 147, 341, 504, 353, 427, 109, 354, 323, 355, 506 read with Section 149 of Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC is seeking anticipatory bail.
2. Heard the learned counsels for the parties.
3.
Learned counsel for the petitioner submits that FIR has been registered against one Dr.Maruthi and 60 to 80 others. All the accused, who are similarly placed have been granted anticipatory bail by this Court. Accordingly, he prays to allow the petition.
4. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner.
5. Perusal of materials on record would go to show that FIR was registered in the present case based on the first
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NC: 2025:KHC:10838 CRL.P No. 1051 of 2025
information dated 19.05.2023 received from Dr. GM Sanjeev against Dr.Maruthi and 60 to 80 other un-named persons. This Court has granted anticipatory bail to the other accused persons except accused No.1 in Crl.P.No.6163/2024 and Crl.P.No.8768/2024. The allegations against the petitioner and other accused who have been granted anticipatory bail by this Court are similar. Undisputedly, petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:-
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.52/2023 registered by Chamarajanagar Rural Police Station, Chamarajanagar, for offences punishable under Sections 143, 147, 341, 504, 353, 427, 109, 354, 323, 355, 506 read with Section 149 of IPC, subject to the following conditions:
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NC: 2025:KHC:10838 CRL.P No. 1051 of 2025
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and 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.
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 witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
SPV List No.: 1 Sl No.: 53