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High Court of Karnataka · body

2025 DAILYLAW 15386 (KAR)

SRI RANJITHA I J v. STATE BY

CRL.P/1426/2025 · 2025-03-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11356 CRL.P No. 1426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1426 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI RANJITHA I. J., S/O JAGADISH, AGED ABOUT 30 YEARS, R/AT. NO.30, KODIHALLI MAIN ROAD, INDIRA NAGAR, KANAKAPURA, BENGALURU DISTRICT-560038. …PETITIONER (BY SRI. SATHISHA D. J., ADVOCATE) AND: STATE BY RAJARAJESHWARI NAGARA POLICE STATION, BYATARAYANAPURA SUB-DIVISION, BENGALURU-560098. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP.) THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN FIR IN CRIME NO.352/2024 DATED 07.12.2024 REGISTERED BY THE RAJARAJESHWARINAGAR POLICE STATION AGAINEST THE PETITIONER FOR THE ALLEGED OFFENCE P/U/S 140(1), 109, 352, 3(5) OF BNS, 2023, Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11356 CRL.P No. 1426 of 2025 AGAINST THE PETITIONER IS CONCERNED PENDING BEFORE THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65) AT BANGALURU. 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.1 in Crime No.352/2024 registered by Rajarajeshwari Nagar Police Station, Bengaluru for offences under Sections 140(1), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.352/2024 was registered by Rajarajeshwari Nagar Police Station, Bengaluru for the aforesaid offences against the petitioner herein on the basis of the first information dated 07.12.2024 received from Kushal Kumar K - son of Late Krishnamurthy. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.11744/2024 before the Jurisdictional Sessions Court which was rejected on 30.12.2024. Therefore, the petitioner is before this Court. - 3 - NC: 2025:KHC:11356 CRL.P No. 1426 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submitted that the injured victim has suffered minor injuries in the incident in question. Accused No.2 has been granted regular bail by this Court in Crl.P.No.1210/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. 6. Perusal of materials on record would go to show that first information was submitted by the injured - Kushal Kumar M on 07.12.2024 alleging that, on 06.12.2024 at about 7.30pm, when he has gone out to purchase chicken, near the chicken centre accused Nos. 1 and 2 abused and assaulted him for the reason that he had given information about them to the police. Thereafter, accused Nos. 1 and 2 forcibly took him along with them to their room and allegedly assaulted him with a bat and caused injuries. 7. It is not in dispute that the first informant has suffered only simple injuries in the incident in question. Investigation of the case is completed and the charge sheet is already filed. Considering the nature of allegations found in the - 4 - NC: 2025:KHC:11356 CRL.P No. 1426 of 2025 first information as well as in the charge sheet and since accused No.2, who was arrested in the present case has been enlarged on bail by this Court in Crl.P.No.1210/2025, 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.352/2024 registered by Rajarajeshwari Nagar Police Station, Bengaluru for offences under Sections 140(1), 109, 352, 3(5) of BNS, subject to the following conditions: 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. - 5 - NC: 2025:KHC:11356 CRL.P No. 1426 of 2025 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.: 37