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2025 DAILYLAW 20084 (KAR)

SRI. CHETAN GOWDA v. SRTATEBY BANASWADI P S

CRL.P/3684/2025 · 2025-04-22

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC:16578 CRL.P No. 3684 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 3684 OF 2025 (438(Cr.PC)/ 482(BNSS)) BETWEEN: SRI. CHETAN GOWDA S/O. N C UDAYA SHANKAR, AGED ABOUT 36 YEARS, R/AT #73/74, 2ND CROSS, BEHIND YELAHANKA NEW TOWN BUS STAND, SHARADA NAGAR, YELAHANKA NEW TOWN, BENGALURU NORTH, G.K.V.K, BENGALURU -560065. …PETITIONER (BY SMT. RADHIKA M., ADVOCATE) AND: STATE BY BANASWADI P. S BENGALURU-560043 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001. …RESPONDENT (BY SMT. YASHODHA K.P., HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT ANTICIPATORY BAIL ORDER, DIRECTING THE I.O. TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.67/2024 IN C.C.NO.75722/2024 OF BANASWADI POLICE STATION, BANGALORE WHICH IS PENDING BEFORE THE 11TH ADDL. CJM, FOR THE OFFENCE P/U/S 307, 354, 341, 506 AND 34 OF IPC TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16578 CRL.P No. 3684 of 2025 CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner/accused No.1 in Crime No.67/2024 of Banaswadi Police Station, Bengaluru City, in CC No.75722/2024 now pending before the learned XI Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sections 307, 354, 506 read with Section 34 of the IPC, has approached this Court seeking grant of anticipatory bail. 2. Heard Smt.Radhika M., learned counsel for the petitioner, Smt.Yashodha K. P., learned HCGP for the respondent-State. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is; “Whether the petitioner is entitled for grant of anticipatory bail under Section 438 of Cr.P.C.?” - 3 - NC: 2025:KHC:16578 CRL.P No. 3684 of 2025 4. My answer to the above point is in the ‘Negative’ for the following : REASONS 5. Initially, the petitioner along with Accused No.2 had approached this Court by filing Criminal Petition No.1965/2024. The said petition was considered on merits and, it was allowed in part, rejecting the claim of the petitioner for grant of anticipatory bail, while granting the said relief to Accused No.2, subject to conditions. 6. Learned counsel for the petitioner contends that, now the investigation is completed and the charge sheet is filed. Therefore, the petitioner is entitled for grant of anticipatory bail. 7. The charge sheet filed by the Investigating Officer discloses that, Accused No.1 i.e., the petitioner herein, is absconding. The contention of the learned counsel for the petitioner that, the petitioner had cooperated with the Investigating Officer in investigation - 4 - NC: 2025:KHC:16578 CRL.P No. 3684 of 2025 cannot be accepted, as the same is against the documents that are produced before this Court by the petitioner himself. This Court in Criminal Petition No.1965/2024, vide order dated 22.07.2024 assigns valid reasons for rejection of the claim of the petitioner for grant of anticipatory bail. 8. When, in an earlier petition, a specific opinion is formed that the petitioner is not entitled for grant of anticipatory bail, filing of the final report showing the petitioner as absconding will not enure to the benefit of the petitioner to allow this petition. Hence, I answer the above point in the ‘negative’ and proceed to pass the following: ORDER The petition is dismissed. Sd/- (M G UMA) JUDGE gab CT:ANB List No.: 19 Sl No.: 1