Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12508 CRL.P No. 2414 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2414 OF 2025 BETWEEN:
1.
SHIVANNAGOWDA K.R.
S/O. RAJEGOWDA, AGED ABOUT 43 YEARS,
2.
MAHESHA K. N.
S/O. NANJEGOWDA, AGED ABOUT 26 YEARS,
3.
SRI. CHANDREGOWDA S/O. LATE KALEGOWDA, AGED ABOUT 31 YEARS, ALL ARE RESIDENTS OF KALENAHALLI VILLAGE, KIKKERI HOBLI, K.R. PETE TALUK, MANDYA DISTRICT - 571 426. …PETITIONERS (BY MRS. VINITA J.D, ADVOCATE FOR SRI. DEVENDRAPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY KIKKERI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP)
Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:12508 CRL.P No. 2414 of 2025
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT BAIL DIRECTING STATION HOUSE OFFICER, K.R. PETE TOWN POLICE, TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.10/2025, PENDING BEFORE THE CIVIL JUDGE (SR.DN) AND JMFC COURT. K.R PETE, REGARDING THE OFFENCES PUNISHABLE UNDER SECTION 324(4), 329(4), 119(1), 352, 115(2), 74, 351(2), 3(5) OF BNSS 2023.
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 Nos.1 to 3 in Crime No.10/2025 registered by Kikkeri Police Station, Mandya District for offences punishable under Sections 324(4), 329(4), 119(1), 352, 115(2), 74, 351(2) read with Section 3(5) 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.10/2025 was registered by Kikkeri Police Station, Mandya District against petitioners
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NC: 2025:KHC:12508 CRL.P No. 2414 of 2025
herein for the aforesaid offences based on the first information dated 20.01.2025 received from Smt.Lakshmamma W/o Manjegowda. Apprehending arrest in the said case, petitioners herein had filed Crl.Misc.No.5035/2025 before the Jurisdictional Sessions Court was rejected on 6th February, 2025. Therefore, petitioners are before this Court.
4.
Learned Counsel for the petitioners having reiterated the grounds urged in this petition submits that perusal of the material on record would go to show that alleged victims have not suffered any injuries and therefore doubt arises, whether Section 119 of BNS 2023 gets attracted in the present case. Petitioners have no other criminal antecedents and they are agriculturists by avocation. They are ready to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow this petition.
5. Per contra, learned HCGP has opposed the petition.
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NC: 2025:KHC:12508 CRL.P No. 2414 of 2025
6. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place at about 11:30 hours on 19.01.2025, first information is belatedly submitted on 20.01.2025 at about 15:30 hours which is after a delay of more than one day. Allegation in the first information is that accused persons had trespassed into the house of the first informant and had assaulted her and also her family members with deadly weapons. In the first information itself, it is stated that after the alleged incident that had taken place, panchayat was summoned and the president of the gram panchayat and other elder of the village had advised both the parties and it is only thereafter, the first informant had approached the police belatedly.
7. Learned HCGP is not is a position to state about the alleged injuries suffered by the victims in the present case. Undisputedly, Petitioners have no other criminal antecedents. They are agriculturists by avocation and have undertaken to cooperate with the police for the purpose of
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NC: 2025:KHC:12508 CRL.P No. 2414 of 2025
investigation. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:
ORDER The Criminal 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 registered by Kikkeri Police Station, Mandya District, for offences punishable under Sections 324(4), 329(4), 119(1), 352, 115(2), 74, 351(2) read with Section 3(5) of BNS 2023 are before this Court under 482 of BNSS 2023, subject to the following conditions:
1. 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/- (Rupees One Lakh only) each
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NC: 2025:KHC:12508 CRL.P No. 2414 of 2025
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. Petitioners shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 69 CT: BHK