Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11351 CRL.P No. 2503 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. 2503 OF 2025 (438(Cr.PC) / 482(BNSS))
BETWEEN:
1.
PRAVEEN KUMAR V.
S/O VENKATARAJU, AGED ABOUT 39 YEARS,
2.
SMT. PRABHAVATHI W/O VENKATARAJU, AGED ABOUT 62 YEARS,
NO.1 AND 2 ARE RESIDING AT NO. 445, IST MAIN, 2ND CROSS, RAMAKRISHNA HEGDE NAGAR, DR. SHIVARAM KARANTH NAGAR, BENGALURU - 560007. …PETITIONERS (BY SRI. N SURESHA., ADVOCATE)
AND:
STATE OF KARNATAKA BY KOTHANUR POLICE BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT, BANGALORE - 560001. …RESPONDENT (SMT. N. ANITHA GIRISH, HCGP.)
Digitally signed by NANDINI B G Location: High Court of Karnataka
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NC: 2025:KHC:11351 CRL.P No. 2503 of 2025
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN CR.NO.18/2025, XXIX ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU OF THE RESPONDENT POLICE, REGISTERED BY THE RESPONDENT KOTHANUR POLICE STATION FOR THE OFFENCE P/U/S 329(4), 324(4), 118(1), 351, 3(1) OF BNS,
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 and 2 in Crime No.18/2025 registered by Kothanur Police Station, Bengaluru for offences under Sections 329(4), 324(4), 118(1), 351, 3(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are 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.18/2025 registered by Kothanur Police Station, Bengaluru for the aforesaid offences against the petitioners herein on the basis of the first information dated 26.01.2025 received from G Ramappa - son of Late Gunttappa. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.25108/2025 before the Jurisdictional Sessions
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NC: 2025:KHC:11351 CRL.P No. 2503 of 2025
Court which was rejected on 11.02.2025. Therefore, the petitioners are before this Court.
4.
Learned counsel for the petitioners having reiterated the grounds urged in the petition prays to allow the petition.
5. Learned High Court Government Pleader has opposed the petition.
6. Perusal of materials on record would go to show that there is a civil litigation between the parties in respect of the property in dispute and the parties are already before the Civil Court in O.S.No.25132/2017. The alleged offences are triable by the Court of Magistrate and maximum punishment for the said offences is imprisonment for a period of 5 years. Undisputedly, the petitioners are mother and son, who do not have any other criminal antecedents. Under such 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 The petition is allowed.
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NC: 2025:KHC:11351 CRL.P No. 2503 of 2025
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of his arrest in Crime No.18/2025 registered by Kothanur Police Station, Bengaluru for offences under Sections 329(4), 324(4), 118(1), 351, 3(1) of BNS, 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 each 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 SPV List No.: 1 Sl No.: 51