Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 19108 (KAR)

MR PATHALINGAPPA @ PATHAIAH v. STATE OF KARNATAKA

CRL.P/2982/2025 · 2025-03-14

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10715 CRL.P No. 2982/2025 C/W CRL.P No.2992/2025 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. 2982 OF 2025 C/W CRIMINAL PETITION NO.2992 OF 2025 IN CRL.P.NO.2982/2025: BETWEEN: 1. MR. PATHALINGAPPA @ PATHAIAH S/O ESHWARAPPA AGED ABOUT 34 YEARS. 2. MR. E. SHIVANNA (A9) S/O ESHWARAPPA AGED ABOUT 33 YEARS. 3. MR. YOGAMURTHY @ MURTHY (A36) S/O KENCHAPPA @ MARADI KENCHAPPA AGED ABOUT 42 YEARS. 4. MR. KRISHNA @ KRISHNAMURTHY (A39) S/O KRISHNAPPA AGED ABOUT 30 YEARS. 5. MR. CHANDRASHEKHARA (A38) S/O GOVINDAPPA AGED ABOUT 30 YEARS. 6. MRS. RADHA @ RADHAMANI.P (A32) W/O GOPALA KRISHNA AGED ABOUT 30 YEARS. 7. MRS. ASHA @ R. ASHARANI (A40) W/O KRISHNA MURTHY AGED ABOUT 25 YEARS. 8. MRS. THIPPAMMA (A27) W/O RAJAPPA.K Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10715 CRL.P No. 2982/2025 C/W CRL.P No.2992/2025 AGED ABOUT 39 YEARS. THE PETITITONER NO.1, 2 AND 8 ARE THE R/O AJJAYYANAHATTI VILLAGE, MATHOD HOBLI HOSADURGA TALUK CHITRADURGA - 577 533. THE PETITIONER NO.3, 5 AND 6 ARE THE R/O BALENAHALLI VILLAGE MATHOD HOBLI, HOSADURGA TQ CHITRADURGA - 577 533. THE PETITIONER NO.4 AND 7 ARE R/O ANCHIBARIHATTY VILLAGE MADADAKERE HOBLI HOSADURGA TALUK CHITRADURGA - 577 533. …PETITIONERS (BY SMT. SHILPA S. GOGI, ADV., SRI SHARATH S GOGI, ADV.) AND: STATE OF KARNATAKA THROUGH SRIRAMPURA POLICE STATION, HOSADURGA CHITRADURGA, REP. BY THE SPP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHAWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOWING THIS PETITION AND TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE POSSIBILITY OF THEIR ARREST BY THE FIRST RESPONDENT POLICE, FOR THE OFFENCE REGISTERED IN CR.NO.4/2025 IN SRIRAMPURA P.S., HOSADURGA TALUK, CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 189(2), 191(2), 191(3), 352, 109, 54, 115(2), 118(1), 74, 351(2) R/W SEC. 190 OF BNS, ON THE FILE IN THE COURT OF ADDL. CIVIL JUDGE AND JMFC AT HOSADURGA AND GRANT SUCH OTHER AND FURHTER FELIEFS AS ARE JUST. - 3 - NC: 2025:KHC:10715 CRL.P No. 2982/2025 C/W CRL.P No.2992/2025 IN CRL.P.NO.2992/2025: BETWEEN: MR. RAMESHA (A25) @ RAMANCHARAPPA S/O K.C. BHADRAPPA AGED ABOUT 24 YEARS R/O AJJAYYANAHATTI VILLAGE MATHOD HOBLI, HOSADURGA TALUK CHITRADURGA - 577 533. …PETITIONER (BY SMT. SHILPA S. GOGI, ADV., FOR SRI SHARATHA S. GOGI, ADV.) AND: THE STATE OF KARNATAKA THROUGH SRIRAMPURA POLICE STATION, HOSADURGA REP. BY THE SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHAWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOWING THIS PEITION AND TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE POSSIBILITY OF THEIR ARREST BY THE FIRST RESPONDENT POLICE, FOR THE OFFENCE REGISTERED INCR.NO.4/2025 IN SRIRAMPURA P.S., HOSADURGA TALUK, CHITRADURGA DISTRICT, FOR THE OFFENCE P/U/S 189(2), 191(1), 191(3), 352, 109, 54 114(2), 118(1), 74, 351(2) R/W SEC. 190 OF BNS, ON THE FILE IN THE COURT OF ADDL. CIVIL JUDGE AND JMFC AT HOSADURGA AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 4 - NC: 2025:KHC:10715 CRL.P No. 2982/2025 C/W CRL.P No.2992/2025 ORAL ORDER Accused Nos.1, 9, 36, 39, 38, 32, 40, 27 & 25 in Crime.No.4/2025 registered by Srirampura Police Station, Chitradurga District for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 109, 54, 115(2), 118(1), 74, 351(2) R/w 190 of BNS, 2023 are before Court this Court in these two petitions seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.4/2025 was registered by Srirampura Police Station, Chitradurga District for the aforesaid offences against Pathaiah and 24 others, on the basis of first information dated 03.01.2025 received from Smt. Rangamma W/o Mallikarjunappa. Apprehending arrest in the said case, the petitioners herein had filed application before the jurisdictional Sessions Court seeking anticipatory bail and the said applications were dismissed. Therefore, they are before this Court. - 5 - NC: 2025:KHC:10715 CRL.P No. 2982/2025 C/W CRL.P No.2992/2025 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, the learned HCGP has opposed the bail application. 6. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place on 03.01.2025 there is a case and counter case registered by the very same Police Station in Crime No.4/2025 and in crime No.5/2025. Perusal of the averments made in the first information, which has resulted in registering FIR in Crime No.4/2025 would go to show that, there is a dispute between two groups in the village with regard to performing pooja in local temple. It is in this background, the alleged incident had taken place on 03.01.2025 at 17.00 hours. Undisputedly, the petitioners do not have any criminal antecedents. The injured in the present case have suffered only simple injuries. Considering the aforesaid aspects of the matter, - 6 - NC: 2025:KHC:10715 CRL.P No. 2982/2025 C/W CRL.P No.2992/2025 I am of the opinion that the petitioners have made out a case for grant of anticipatory bail. Accordingly, the following: ORDER The Criminal Petitions are 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 in Crime.No.4/2025 registered by Srirampura Police Station, Chitradurga District for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 109, 54, 115(2), 118(1), 74, 351(2) R/w 190 of BNS, 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. - 7 - NC: 2025:KHC:10715 CRL.P No. 2982/2025 C/W CRL.P No.2992/2025 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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 NMS