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2025 DAILYLAW 17769 (KAR)

SRI.HARISH KUMAR V.M. @ HARISHA v. STATE BY K.R.PETE TOWN POLICE STATION

CRL.P/2353/2025 · 2025-03-14

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:10610 CRL.P No. 2353 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2353 OF 2025 BETWEEN: SRI. HARISH KUMAR V.M. @ HARISHA AGED ABOUT 34 YEARS, S/O MANJEGOWDA, R/AT VALAGEREMENASA VILLAGE, KASABA HOBLI, K.R. PETE TALUK, MANDYA DISTRICT. …PETITIONER (BY SRI. JAGANNATHAN P., ADVOCATE) AND: STATE BY K.R. PETE TOWN POLICE STATION, MANDYA DISTRICT, REP. BY SPP, HIGH COURT OF KARNATAKA, DR AMBEDKAR VEEDI. BANGALORE - 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.17/2025, DATED 26.01.2025, SUBMITTED AS ANNEXURE-B, FOR THE OFFENCE P/U/S 118(1), 119(1), 352, 3(5) OF BNS ACT, 2023, OF THE RESPONDENT K.R.PET TOWN POLICE BEFORE CIVIL JUDGE (JR.DN) AND J.M.F.C COURT K.R.PET, MANDYA DISTRICT THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:10610 CRL.P No. 2353 of 2025 ORAL ORDER Accused No.1 in Crime No.17/2025 registered by K.R.Pet Town Police Station, Mandya, pending before the learned CJ(Jr.Dn) & JMFC Court, K.R.Pet, Mandya District, for the offences punishable under Sections 118(1), 119(1), 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.17/2025 was registered by K.R.Pet Town Police Station, Mandya for the aforesaid offences against the petitioner herein and two others on the basis of the first information dated 26.01.2025 received from Shiva Linge Gowda, uncle of injured Manoj Kumar. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5049/2015 before the Jurisdictional Sessions Court which was rejected on 11.02.2025. Therefore, the petitioner is before this Court. 4. Perusal of the materials on record would go to show that in respect of the alleged incident that had taken place on 24.01.2025, belatedly, the uncle of the injured had approached - 3 - NC: 2025:KHC:10610 CRL.P No. 2353 of 2025 the police on 26.01.2025 at about 17 hours. Petitioner who was injured on 24.01.2025 was initially admitted in Krisha Rajendra Hospital, Mysore with a history of self fall on 24.01.2025 at about 8.30 pm at Kaigonahalli, K.R.Pet, Mandya and in the medical records of the petitioner, it is observed that, the petitioner was under the influence of alcohol. Subsequently, he was discharged from the said hospital and thereafter, first information was submitted by the uncle of the petitioner making allegations against the petitioner and other two persons. 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.17/2025 registered by K.R.Pet Town Police Station, Mandya, pending before the learned CJ(Jr.Dn) & JMFC Court, K.R.Pet, Mandya District, for the offences - 4 - NC: 2025:KHC:10610 CRL.P No. 2353 of 2025 punishable under Sections 118(1), 119(1), 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. 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.: 58