Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11209 CRL.P No. 3143 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3143 OF 2025 BETWEEN:
H.D. MANOHAR S/O H.B. DEVAIAH AGED ABOUT 46 YEARS R/O WARD NO.13, GANDHINAGARA HOLENARASIPURA TOWN HASSAN - 573 211. …PETITIONER (BY SRI PAVAN KUMAR G, ADV.) AND:
STATE OF KARNATAKA BY HOLENARASIPURA TOWN P.S REP BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHWAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIOENR ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.14/2025 OF HOLENARASIPURA TOWN P.S ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC, HOLENARASIPURA FOR THE OFFENCE P/U/S 109(1), 115(2), 118(1), 3(5), 324(4), 352 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
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:11209 CRL.P No. 3143 of 2025
ORAL ORDER
1. Accused no.2 in Crime No.14/2025 registered by Holenarasipura Police Station, Hassan District, for the offences punishable under Sections 109(1), 115(2), 118(1), 3(5), 324(4), 352 of BNS, 2023, is 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.14/2025 was registered by Holenarasipura Police Station, Hassan District, for the aforesaid offences against Ajitha and others based on the first information dated 27.01.2025 received from H.R.Kiran who is one of the injured in the present case. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.119/2025 before the jurisdictional Sessions Court, which was rejected on
11.02.2025. Therefore, he is before this Court.
4.
Learned Counsel for the petitioner submits that petitioner has no other criminal antecedents. Allegation of assaulting the injured is as against accused no.1 who is in custody. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. - 3 -
NC: 2025:KHC:11209 CRL.P No. 3143 of 2025
5. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner. 6. Perusal of the averments made the first information dated 27.01.2025 submitted by the injured victim in the present case would go to show that on 26.01.2025 at about 11.00 p.m., accused no.2 came near the cash box of KSRTC canteen in which the first informant was working and called him as frog. When the first informant objected for the same, accused no.2 allegedly fought with him and assaulted him with a stone causing injury to his ring finger. Thereafter, accused no.2 called accused no.1 over phone and accused no.1 arrived near the canteen and assaulted the first informant and another with a tile and caused injuries to them. 7. Undisputedly, petitioner has no other criminal antecedents. The allegation of assaulting the injured with a tile causing blood oozing injuries on the injured victim is as against accused no.1 who is already arrested and is in custody. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Accused no.2 is said to be an
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NC: 2025:KHC:11209 CRL.P No. 3143 of 2025
employee of KSRTC. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail requires to be considered affirmatively. Accordingly, the following order:
8. 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.14/2025 registered by Holenarasipura Police Station, Hassan District, for the offences punishable under Sections 109(1), 115(2), 118(1), 3(5), 324(4), 352 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
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NC: 2025:KHC:11209 CRL.P No. 3143 of 2025
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
KK