Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9802 CRL.P No. 2608 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2608 OF 2025 BETWEEN:
G.B. SRINIVASA S/O MODDE SIDDANA BOREGOWDA AGED ABOUT 51 YEARS R/AT GORAVANAHALLI VILLAGE KASABA HOBLI, MADDUR TALUK MANDYA DISTRICT PIN CODE NO - 571 429. …PETITIONER (BY SRI RAJU C.N, ADV.) AND:
STATE BY MADDUR POLICE MANDYA REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.247/2024 OF MADDUR P.S., MANDYA, PENDING ON THE FILE OF 2nd ADDITIONAL JMFC COURT, AT MADDUR, FOR THE OFFENCE P/U/S 329(4),115(2),118(1),76 OF BNS, BY ALLOWING THIS APPLICATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:9802 CRL.P No. 2608 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.247/2024 registered by Maddur Police Station, Mandya District for the offences punishable under Sections 329(4), 115(2), 118(1), 74 & 76 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking anticipatory bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.247/2024 was registered by Maddur Police Station, Mandya District for the aforesaid offences against the petitioner herein based on the first information dated 23.10.2024 received from Smt. Divyashree H.C W/o Ramesh G S. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.720/2024 before the jurisdictional Sessions Court, which was rejected on 16.11.2024. Therefore, he is before this Court.
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NC: 2025:KHC:9802 CRL.P No. 2608 of 2025
4.
Learned counsel for the petitioner submits that in respect of the alleged incident that had taken place on 22.10.2024 a case and counter case has been registered in Crime No.247/2024 and Crime No.248/2024 by the very same Police Station on similar allegation and for similar offences. Accused in Crime No.248/2024 has been granted anticipatory bail by the jurisdictional Court in Crl.Misc.No.758/2024 whereas the petitioner has been denied bail. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP who has opposed the bail petition does not dispute the submission made by the
learned counsel for the petitioner.
6. Perusal of the material on record would go to show that in respect of the incident in question that had taken place on 22.10.2024, FIR in Crime No.247/2024 was registered by Maddur Police Station against the petitioner herein, based on the first information received from Smt. Divyashree H.C W/o Ramesh G S. FIR in Crime
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NC: 2025:KHC:9802 CRL.P No. 2608 of 2025
No.248/2024 has been registered against Ramesha, based on the information received from the wife of the petitioner herein. In Crime No.248/2024, Ramesha has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.758/2024. The allegation found in both the criminal cases are similar and FIR has been registered for similar offences in both the cases. Undisputedly, the petitioner has no other criminal antecedents. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively.
7. 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 petitioner in the event of his arrest in Crime No.247/2024 registered by Maddur Police Station, Mandya District for the offences
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NC: 2025:KHC:9802 CRL.P No. 2608 of 2025
punishable under Sections 329(4), 115(2), 118(1), 74 & 76 of BNS, 2023 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
NMS