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2025 DAILYLAW 17193 (KAR)

PRABHAKAR MESTHA v. STATE BY BYNDOOR POLICE STATION

CRL.P/2127/2025 · 2025-03-05

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9448 CRL.P No. 2127 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2127 OF 2025 BETWEEN: 1. PRABHAKAR MESTHA S/O PANDURANGA MESTHA AGED ABOUT 40 YEARS. 2. VIVEK MESTHA S/O PANDURANGA MESTHA AGED ABOUT 38YEARS. 3. ANNAPPA MESTHA S/O PANDURANGA MESHTA AGED ABOUT 34 YEARS. 4. UMESH MESTHA S/O PANDURANGA MESTHA AGED ABOUT 37 YEARS. ALL ARE R/AT KESANI ALANDOORU SHIRUR VILLAGE AND POST BYNDOOR TALUK, UDUPI DISTRICT - 576 124. …PETITIONERS (BY SRI J.S. HALASHETTI, ADV.) AND: STATE BY BYNDOOR POLICE STATION UDUPI, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9448 CRL.P No. 2127 of 2025 THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL AND DIRECT THE RESPONDENT BYNDOOR POLICE TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.11/2025, FOR THE OFFENCES P/U/S 189(2),191(2),191(3),329(3),115(2),109,324(3),352,190 OF BNS, 2023, PENDING ON THE FILE OF THE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNKAPURA).THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 to 4 in Crime No.11/2025 registered by Byndoor Police Station, Udupi District, for the offences punishable under Sections 189(2), 191(2), 191(3), 329(3), 115(2), 109, 324(3), 352, 190 of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.11/2025 was registered by Byndoor Police Station, Udupi District, for the aforesaid offences against the petitioners herein based on the first information dated 13.01.2025 received from Ramanatha Mestha. Apprehending arrest in the said case, petitioners herein had filed Crl. Misc. - 3 - NC: 2025:KHC:9448 CRL.P No. 2127 of 2025 No.510/2025 before the jurisdictional Sessions Court which was rejected on 28.01.2025. Therefore, they are before this Court. 4. Material on record would go to show that in respect of the alleged incident that had taken place on 12.01.2025, there is a case and counter case registered in Crime No.11/2025 & Crime No.12/2025 by Byndoor Police Station, Udupi District. 5. Learned HCGP, on instructions, submits that the injured in the present case have only suffered minor injuries as a result of the assault made by the petitioners. 6. It appears that the incident in question had taken place on the night of 12.01.2025 having regard to the dispute regarding management of a temple. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.11/2025 registered by Byndoor Police Station, Udupi District, for the - 4 - NC: 2025:KHC:9448 CRL.P No. 2127 of 2025 offences punishable under Sections 189(2), 191(2), 191(3), 329(3), 115(2), 109, 324(3), 352, 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK