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2025 DAILYLAW 20287 (KAR)

SRI.LOKESH NAIK v. STATE OF KARNATAKA

CRL.P/3752/2025 · 2025-03-27

S Vishwajith Shetty

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC:13126 CRL.P No. 3752 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. 3752 OF 2025 BETWEEN: 1. SRI LOKESH NAIK S/O MANJUNATH AGED ABOUT 37 YEARS R/AT NO.46, CHIKKANKOD UTTARA KANNADA - 581 361 PRESENTLY R/AT DURGAMBA BUILDING, PILLAGUMPPE NANDAGUDI MAIN ROAD KASABA HOBLI, HOSKOTE - 562 114. 2. SRI DATTATREY NAIK S/O MANJUNATH NAIK AGED ABOUT 41 YEARS R/AT NO.46, CHIKKANKOD UTTARA KANNADA - 581 361 PRESENTLY R/AT DURGAMBA BUILDING, PILLAGUMPPE NANDAGUDI MAIN ROAD KASABA HOBLI, HOSKOTE - 562 114. …PETITIONERS (BY SRI RADHIKA M, ADV.) AND: STATE OF KARNATAKA BY K.R. PURAM POLICE REP BY STATE PUBLIC PROSECUTOR HIGH COURT, BENGALURUU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13126 CRL.P No. 3752 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE RESPONDENT HEREIN THAT IN THE EVENT OF PETITIONERS ARE ARRESTED THEY SHALL BE ORDERED TO BE RELEASED ON ANTICIPATORY BAIL IN CR.NO.680/2024 WHICH IS PENDING BEFORE THE LEARNED 29TH ACMM, MAYOHALL, BANGALORE OF K.R. PURAM POLICE STATION, BANGALORE IN CR.NO.680/2024 FOR THE OFFENCE P/U/S 109 OF BNS, 2023, ON SUCH CONDITIONS BY THIS HONBEL COURT. 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 & 2 in Crime No.680/2024 registered by K.R.Puram Police Station, Bengaluru City, for the offences punishable under Section 109 of BNS, 2023, are 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.680/2024 was registered by K.R.Puram Police Station, Bengaluru City, for the aforesaid offences against unknown persons based on the first information dated 14.08.2024 received from injured victim - A.C.Subramanya. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.25876/2024 before the jurisdictional Sessions Court, - 3 - NC: 2025:KHC:13126 CRL.P No. 3752 of 2025 which was dismissed on 03.10.2024. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that petitioners do not have any criminal antecedents and their name is not found in the FIR. She submits that victim has suffered only simple injuries in nature. Accordingly, she prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submissions made by the learned Counsel for the petitioners. 6. First informant, who is the injured victim has stated that on 14.08.2024 when he was traveling along with his friends in a car, some strangers who came in a two-wheeler intercepted their car and assaulted him with helmet and caused injuries. It is under these circumstances, first information was registered against unknown persons. 7. The wound certificate of the injured victim would go to show that the injured has suffered one lacerated wound on his left parietal region, which is certified as simple injury by the doctor who has issued the wound certificate. In the wound - 4 - NC: 2025:KHC:13126 CRL.P No. 3752 of 2025 certificate, history of assault is given as assault made by some passerby. Considering the aforesaid aspects of the matter and also since the petitioners do not have any criminal antecedents, I am of the opinion that petitioners prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 8. 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.680/2024 registered by K.R.Puram Police Station, Bengaluru City, for the offences punishable under Section 109 of BNS, 2023, subject to the following conditions: 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. - 5 - NC: 2025:KHC:13126 CRL.P No. 3752 of 2025 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