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2025 DAILYLAW 20557 (KAR)

MR VINODH KUMAR H v. THE STATE OF KARNATAKA BY

CRL.P/3916/2025 · 2025-04-07

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14781 CRL.P No. 3916 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3916 OF 2025 BETWEEN: MR. VINODH KUMAR H S/O HANUMANTHARAYAPPA AGED ABOUT 22 YEARS RESIDING AT NO. 190/1 VADIRAJA BUILDING, NEAR MM BRIGHT SCHOOL, MARUTHI LAYOUT BENGALURU - 560 057. …PETITIONER (BY SRI DEVARAJA L.K, ADV.) AND: THE STATE OF KARNATAKA BY PEENYA P.S REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN CR.NO.45/2025 FOR THE ALLEGED O/P/U/S 109, 118(1), 126(2), 352 R/W 3(5) OF THE RESPONDENT POLICE I.E PEENYA POLICE STATION, PENDING ON THE FILE OF 31ST ACJM AT BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Page Nos.1 to 4 replaced vide Court Order Dt: 02.05.2025 Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14781 CRL.P No. 3916 of 2025 ORAL ORDER Accused No.6 in Crime No.45/2025 registered by Peenya Police Station, Bengaluru City for the offences punishable under Sections 109, 118(1), 126(2), 352 R/w 3(5) of BNS, 2023 is before this Court under Section 482 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.45/2025 was registered by Peenya Police Station, Bengaluru City for the aforesaid offences against Hariprasad and his friends, on the basis of first information dated 28.01.2025 received from Sri Yogesh A, who is one of the injured in the present case. 4. Anticipatory bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.997/2025 was dismissed on 17.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.3765/2025 & Crl.P.No.3836/2025 respectively. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. - 3 - NC: 2025:KHC:14781 CRL.P No. 3916 of 2025 6. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 7. Perusal of the material on record would go to show that, name of the petitioner is not found in the FIR registered on the basis of first information submitted by one of the injured victim in the present case. Except Mohammed Shabaj other victims in the present case have suffered simple injury in the present case. Considering the background in which incident in question had taken place, accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.3765/2025 & Crl.P.No.3836/2025 respectively. The petitioner has no criminal antecedents 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER Criminal 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 - 4 - NC: 2025:KHC:14781 CRL.P No. 3916 of 2025 No.45/2025 registered by Peenya Police Station, Bengaluru City for the offences punishable under Sections 109, 118(1), 126(2), 352 R/w 3(5) 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 NMS