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2025 DAILYLAW 21130 (KAR)

SOMANNA @ MAHDEVAIAH B v. STATE OF KARNATAKA

CRL.P/3867/2025 · 2025-03-28

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13324 CRL.P No. 3867 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3867 OF 2025 BETWEEN: SOMANNA @ MAHDEVAIAH B S/O BASAVAIAH AGED ABOUT 45 YEARS R/O BANNAHALLIHUNDI VILLAGE, KASABA HOBLI T NARASIPURA TALUK MYSURU - 571 124. …PETITIONER (BY SRI PAVAN KUMAR G, ADV.) AND: STATE OF KARNATAKA BY T NARSIPURA P.S REP BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.412/2024 OF T.NARASIPURA P.S., ON THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM, T.NARASIPURA, MYSORE, FOR THE OFFENCES P/U/S 189(2),191(2),132,249(b),190 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13324 CRL.P No. 3867 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.412/2024 registered by T Narasipura Police Station, Mysuru District for the offences punishable under Sections 189(2), 191(2), 132, 249(b) & 190 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.412/2024 was registered by T Narasipura Police Station, Mysuru District against the petitioner herein and others on the basis of first information dated 30.12.2024 received from Sri Shabbir Hussain, PSI, attached to T.Narasipura, Police Station. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.41/2025 before the jurisdictional Sessions Court was rejected on 12.02.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:13324 CRL.P No. 3867 of 2025 4. Perusal of the material on record would go to show that, in the first information it is averred that the first informant and his staff had gone to arrest one Sannakumara, who was arraigned as an accused in Crime No.344/2024 by H.D. Kote Police Station. It is alleged that the petitioner had prevented the first informant and his staff from arresting the aforesaid Sannakumara and gave shelter to him in his house and created a scene near his house because of which people started gathering near his house. Undisputedly, the petitioner has no other criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of two years. The petitioner has undertaken to appear before the Investigation Officer for the purpose of investigation. Therefore, I am of the opinion that the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 5. Accordingly, the following: ORDER - 4 - NC: 2025:KHC:13324 CRL.P No. 3867 of 2025 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 in Crime No.412/2024 registered by T. Narasipura Police Station, Mysuru District for the offences punishable under Sections 189(2), 191(2), 132, 249(b) & 190 of BNS, 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. - 5 - NC: 2025:KHC:13324 CRL.P No. 3867 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS