Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11041 CRL.P No. 3185 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3185 OF 2025 BETWEEN:
ADHARSHA MAYIGOWDA H.M S/O MAYOGOWDA AGED ABOUT 28 YEARS HUNASANAHALLI VILLAGE ARAKERE HOBLI SRIRANGAPATNA TALUK, MANDYA DISTRICT PIN CODE - 571 415. …PETITIONER (BY SRI HONAKHANDE BASAGOWDA PANDIT, ADV.) AND:
THE STATE OF KARNATAKA SRIRANGAPATNA RURAL POLICE STATION, SRIRANGAPATNA TALUK DISTRICT MANDYA PIN CODE - 571 438 REPRESENTED BY STATE PUBLIC PROSECUTOR PINCODE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.9/2025 REGISTERED IN SRIRANGAPATNA RURAL P.S., FOR THE OFFENCE P/U/S 318(4),324(3),326(a),329(3),351(2),352,190 OF BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JDUGE (JR.DN) AND JMFC, MANDYA, IN CASE OF ARREST OF THE PETITIONER BY THE RESPONDENT POLICE BY IMPOSING SUITABLE CONDITIONS DEEMED FIT TO THIS HONBLE COURT. 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:11041 CRL.P No. 3185 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.1 in Crime No.9/2025 registered by Srirangapatna Rural Police Station, Mandya District, for the offences punishable under Sections 318(4), 324(3), 326(a), 329(3), 351(2), 352, 190 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.9/2025 was registered by Srirangapatna Rural Police Station, Mandya District, for the aforesaid offences against the petitioner herein and others based on the first information dated 20.01.2025 received from Suryanarayana Raju.K., S/o late Narasimha. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.5045/2025 which was rejected against him on 11.02.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the dispute between the parties is civil in nature.
Learned Counsel for the petitioner, during the course of arguments, has
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NC: 2025:KHC:11041 CRL.P No. 3185 of 2025
produced material before this Court which would prima facie go to show that the first informant has already approached the jurisdictional civil court in O.S.No.178/2024 with regard to the alleged dispute and the said suit was filed on 13.09.2024. It is only thereafter, he has approached the police on 20.01.2025 alleging that the property in respect of which he had entered into an agreement was subsequently sold to other parties by the petitioner herein. The alleged offences are triable by the court of Magistrate and the maximum punishment for said alleged offences is imprisonment for a period of seven years. The other accused persons are said to have been granted anticipatory bail by the jurisdictional Sessions Court. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to answered affirmatively. Accordingly, the following order:
5. 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.9/2025 registered by Srirangapatna Rural Police Station, Mandya District, for the offences punishable under Sections 318(4),
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NC: 2025:KHC:11041 CRL.P No. 3185 of 2025
324(3), 326(a), 329(3), 351(2), 352, 190 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
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