Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 19127 (KAR)

MR. BHADRAPPA v. THE STATE OF KARNATAKA

CRL.P/3011/2025 · 2025-03-19

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11403 CRL.P No. 3011 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. 3011 OF 2025 BETWEEN: 1. MR. BHADRAPPA S/O SANNA MARAPPA AGED ABOUT 47 YEARS. 2. MR. YOGESHA (A24) S/O SANNA MARAPPA AGED ABOUT 35 YEARS. THE PETITIONER NO.1 AND 2 ARE R/O AJJAYYANAHATTI VILLAGE MATHOD HOBLI, HOSADURGA TALUK CHITRADURGA - 577 533. …PETITIONERS (BY SRI TANUJ, ADV., FOR SRI SHARATH 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 SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.438(FILED U/S.482 BNSS) CR.P.C 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 CRIME NO.4/2025 IN SRIRAMPURA P.S., HOSADURGA TALUK, CHITRADURGA DISTRICT FOR THE OFFENCE P/US/ 189(2),191(2),191(3),352,109,504,115(2),118(1),74,351 (2) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11403 CRL.P No. 3011 of 2025 R/W SEC.190 OF BNS ON THE FILE OF THE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC AT HOSADURGA. 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.23 and 24 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 Section 190 of BNS, 2023 are before this Court under Section 483 of BNSS, 2023 are before this Court under Section 438 of Cr.P.C., 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.4/2025 was registered by Srirampura Police Station, Chitradurga District against one 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 had filed Crl.Misc.No.55/2025 before the - 3 - NC: 2025:KHC:11403 CRL.P No. 3011 of 2025 jurisdictional Sessions Court, which was rejected on 31.01.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that similarly situated other accused persons have been granted anticipatory bail by this Court in Crl.P.No.2992/2025, Crl.P.No.2993/2025 & Crl.P.No.2982/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the bail application however, does not dispute the submission made by learned counsel for the petitioner. 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, a case and counter case has been registered by Srirampura Police Station, Chitradurga, in Crime No.4/2025 against Pathaiah and others on the basis of the first information submitted by Smt. Rangamma, and Crime No.5/2025 has been registered - 4 - NC: 2025:KHC:11403 CRL.P No. 3011 of 2025 against Veerabhadrappa and others on the basis of the first information submitted by Sri Veerabhadraiah. 7. The allegation as against the petitioners herein and other accused persons who have been granted anticipatory bail by this Court in Crl.P.No.2992/2025, Crl.P.No.2993/2025 & Crl.P.No.2982/2025 are similar. Undisputedly, the petitioners do not have any criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that the petitioners' prayer for grant of anticipatory needs to be answered affirmatively on the ground of parity. 8. 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 petitioners in the event of their arrest in Crime.No.4/2025 registered by Srirampura Police Station, Chitradurga District for the - 5 - NC: 2025:KHC:11403 CRL.P No. 3011 of 2025 offences punishable under Sections 189(2), 191(2), 191(3), 352, 109, 54, 115(2), 118(1), 74, 351(2) R/w Section 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. 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. - 6 - NC: 2025:KHC:11403 CRL.P No. 3011 of 2025 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE NMS