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2025 DAILYLAW 20274 (KAR)

KUMAR D S v. STATE OF KARNATAKA BY SALIGRAMA POLICE STATION

CRL.P/3812/2025 · 2025-03-27

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13128 CRL.P No. 3812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3812 OF 2025 BETWEEN: 1. KUMAR D.S S/O LATE SHIVANNA D.A AGED ABOUT 56 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI SALIGRAMA TALUK MYSURU DISTRICT - 571 604. 2. MADHU @ MADHUSUDAN C.G S/O GIRIGOWDA AGED ABOUT 52 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 3. BABHU C.G S/O GIRIGOWDA AGED ABOUT 47 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 4. KRISHNEGOWDA S/O RAJEGOWDA AGED ABOUT 48 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 5. D.R. MANOHARA S/O RAJEGOWDA AGED ABOUT 45 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13128 CRL.P No. 3812 of 2025 SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 6. KARTHIK C.K S/O KRISHNEGOWDA AGED ABOUT 22 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 7. RAKESH C.M S/O D.R. MANOHARA AGED ABOUT 19 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 8. RAJEGOWDA S/O LATE HANUMEGOWDA AGED ABOUT 70 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 9. D.S. ANANDA S/O LATE SHIVANNA AGED ABOUT 55 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 10. C.D. SATHISHA S/O DASEGOWDA AGED ABOUT 55 YEARS R/AT BEVINAHALLI VILLAGE SALIGRAMA HOBLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 11. SRINIVASA T S/O THAMMEGOWDA AGED ABOUT 47 YEARS R/ AT BEVINAHALLI VILLAGE - 3 - NC: 2025:KHC:13128 CRL.P No. 3812 of 2025 SALIGRAMA HOBLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 12. JAYARAM @ JAYARAMEGOWDA S/O LATE DASEGOWDA AGED ABOUT 61 YEARS R/ AT BEVINAHALLI VILLAGE SALIGRAMA HOBLI SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 13. CHANDREGOWDA S/O LATE HANUMEGOWDA AGED ABOUT 49 YEARS R/ AT BEVINAHALLI VILLAGE SALIGRAMA HOBLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 14. RAMESHA S/O LATE THAMMEGOWDA AGED ABOUT 49 YEARS R/ AT BEVINAHALLI VILLAGE SALIGRAMA HOBLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. 15. SOWMYA C.K W/O SATHISHA H.D AGED ABOUT 47 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI SALIGRAMA TALUK MYSURU DISTRICT - 571 604. 16. ANITHA W/O ANANDA D.S AGED ABOUT 44 YEARS R/AT CHUNCHANAKATTE VILLAGE POST AND HOBLI SALIGRAMA TALUK, MYSURU DISTRICT - 571 604. …PETITIONERS (BY SMT. LENITA MATHIAS, ADV., FOR SRI P. PRITHVI KIRAN SETTY, ADV.) - 4 - NC: 2025:KHC:13128 CRL.P No. 3812 of 2025 AND: STATE OF KARNATAKA BY SALIGRAMA POLICE STATION MYSORE - 571 604 REPRESENTED BY ITS S.P.P HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THEM ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE I.E., SALIGRAMA POLICE STATION, MYSORE IN RELATION TO THE CASE IN CR. NO. 32/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 79, 115(2), 324(4), 119(1), 351(2), 351(3) AND 190 OF THE BHARATIYA NYAYA SANHITA, 2023 ON THE FILE OF THE HONBLE ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC COURT, K.R. NAGAR, MYSORE CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 to 16 in Crime No.32/2025 registered by Saligrama Police Station, Mysuru District, for the offences punishable under Sections 189(2), 191(2), 191(3), 79, 115(2), 324(4), 119(1), 351(2), 351(3), 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. - 5 - NC: 2025:KHC:13128 CRL.P No. 3812 of 2025 3. FIR in Crime No.32/2025 was registered by Saligrama Police Station, Mysuru District, for the aforesaid offences against the petitioner herein based on the first information dated 10.02.2025 received from Prabhavathi, who is the alleged victim in the present case. Apprehending arrest in the said case, petitioners herein had filed Crl. Misc. No.5044/2024 before the jurisdictional Sessions Court, which was rejected on 04.03.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that first informant is working as the Secretary in Chunchanakatte Milk Producers Women Co-operative Society of Saligrama Taluk, and accused no.1 was allegedly speaking ill of her in their village. On 10.02.2025 at about 7.00 p.m., the first informant allegedly questioned accused no.1 as to why he was speaking ill about her, thereafter a quarrel took place between the two parties and the accused persons allegedly after abusing the first informant assaulted her and also damaged furniture and milk cans and caused loss to the society. It is also further alleged that one amongst the accused persons snatched the mangalasutra of the first informant weighing about 52 grams, and thereafter, criminally intimidated her. - 6 - NC: 2025:KHC:13128 CRL.P No. 3812 of 2025 5. Undisputedly, in the alleged incident, the first informant has not suffered any injury. Petitioners do not have any criminal antecedents. According to the learned Counsel for the petitioners after there was a quarrel between the petitioners and the first informant, she had submitted a police complaint making false allegations against them. They have undertaken to cooperate with the police for the purpose of investigation. 6. Considering the nature of allegations in the first information and taking into consideration that the first informant who is the alleged victim has not suffered any injury in the incident in question, I am of the opinion that petitioners' prayer for grant of anticipatory bail requires to be considered affirmatively. Accordingly, the following order: 7. The 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.32/2025 registered by Saligrama Police Station, Mysuru District, for the offences punishable under Sections 189(2), 191(2), 191(3), 79, 115(2), 324(4), 119(1), 351(2), 351(3), 190 of BNS, 2023, subject to the following conditions: - 7 - NC: 2025:KHC:13128 CRL.P No. 3812 of 2025 1. The Petitioners 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. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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 KK