DESHMUKH @ SHAMBURAO DESHMUKH v. THE STATE OF KARNATAKA
CRL.P/3821/2025 · 2025-04-08
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21040 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21040 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15026 CRL.P No. 3821 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3821 OF 2025 BETWEEN:
DESHMUKH @ SHAMBURAO DESHMUKH, AGED ABOUT 37 YEARS, S/O RAMARAO DESHMUKH, R/O NO.19, 13TH CROSS, 6TH SECTOR, HSR LAYOUT, BENGALURU - 560 102.
PERMANENT NATIVE OF KUNCHAGANUR VILLAGE, MUDDEBIHAL TALUK, BIJAPUR DISTRICT - 586 129. …PETITIONER (BY SRI. VENKATESH S, ADVOCATE) AND:
THE STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, BENGALURU CITY, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT HIM AN ANTICIPATORY BAIL U/S
Digitally signed by NANDINI MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15026 CRL.P No. 3821 of 2025
482 OF BNSS, 2023 BY DIRECTING THE STATION HOUSE OFFICER OF HSR LAYOUT POLICE STATION, BANGALORE CITY, TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.80/2025. FOR OFFENCE P/U/S 316(2), 318(4) AND 336(2) OF THE BNS 2023, PENDING ON THE FILE OF 39TH ACMM COURT AT BENGALURU CITY, THAT FOR THE REASONS STATED ABOVE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in Crime No.80/2025 registered by HSR Layout Police Station, Bengaluru City, for offences punishable under Sections 316(2), 318(4) and 336(2) 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.80/2025 was registered by HSR Layout Police Station, Bengaluru City, for the aforesaid offences against the petitioner and another, based on the first information dated 26.02.2025 received by
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NC: 2025:KHC:15026 CRL.P No. 3821 of 2025
Anjaneyalu T.M. S/o Munidasappa T. Apprehending arrest in the said case, petitioner who is arraigned as accused No.1 in the FIR had filed Crl.Misc.No.1872/2025 before the Jurisdictional Sessions Court which was rejected on 12th March, 2025. Therefore, petitioner is before this Court. 4. Perusal of the averments found in the first information dated 26.02.2025, which has resulted in registering the FIR in Crime No.80/2025 by HSR Layout police station, Bengaluru City against the petitioner and another for the aforesaid offences would go to show that allegation against the accused persons is that they are running the coaching center in the name and style as FIITJEE and the child of the first informant who had passed 10th standard was allegedly admitted in the coaching center of the accused persons. It is alleged in the first information that accused persons had assured to the first informant and the parents of the other children admitted in the coaching center, that the children admitted in the coaching center will be thereafter admitted in Prep
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NC: 2025:KHC:15026 CRL.P No. 3821 of 2025
School and necessary fee for admission to the Prep School was also allegedly collected by the accused persons. 5. Allegations now made against the accused persons is that as per the promise made, the accused persons had failed to get the children admitted in the Prep School and when the parents of the children had asked for return of money, they had refused to pay. It is in this background, first informant has approached the police. The alleged offences are triable by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of seven years. 6. Undisputedly, petitioner has no criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation.
Considering the nature of allegations found against the petitioner and also having regard to the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:
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NC: 2025:KHC:15026 CRL.P No. 3821 of 2025
ORDER The 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 registered by HSR Layout Police Station, Bengaluru City, for offences punishable under Sections 316(2), 318(4) and 336(2) 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/- (Rupees One Lakh only) 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
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NC: 2025:KHC:15026 CRL.P No. 3821 of 2025
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
KVR List No.: 1 Sl No.: 69 CT: BHK