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2025 DAILYLAW 21328 (KAR)

SRI. ANIL KUMAR ALIAS ANILA ALIAS LAYOUT ANILA v. THE STATE OF KARNATAKA

CRL.P/4155/2025 · 2025-04-03

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14356 CRL.P No. 4155 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4155 OF 2025 BETWEEN: 1. SRI ANIL KUMAR @ ANILA @ LAYOUT ANILA S/O SRI NAGARAJU M AGED ABOUT 31 YEARS R/AT NO.28, 6TH CROSS ANDRAHALLI MAIN ROAD DODANNA LAYOUT NEAR VIDHYAMAANYA NAGARA BUS STAND VISHWANEEDAM BENGALURU NORTH BENGALURU - 560 091. 2. SRI KIRAN KUMAR K R @ KIRAN S/O SRI RANGASWAMAIAH AGED ABOUT 24 YEARS R/AT KARADIPALYA VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT BENGALURU - 561 204. …PETITIONERS (BY SRI VISHRUTH C, ADV.) AND: THE STATE OF KARNATAKA BY DODDABELAVANAGALA POLICE STATION, BENGALURU RURAL DISTRICT REP BY STATE PUBLIC PROSECUTOR Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14356 CRL.P No. 4155 of 2025 HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONERS/ACCUSED NO.1 TO 7 IN CR.NO.11/2025 OF THE DODDABELAVANGALA P.S., AGAINST THE PETITIONERS, FOR THE OFFENCES P/U/S 189(2), 191(2), 191(3), 115(2), 118(1), 109, 127(2), 351(2), 352, 190 OF THE BNS, PENDING BEFORE THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, DODDABALLAPURA, BENGALURU RURAL DISTRICT, ANNEXED AS ANNEXURE-A. 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 and 7 in Crime No.11/2025 registered by Doddabelavangala Police Station, Bengaluru, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 127(2), 351(2), 352 and 190 of BNS, 2023, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.11/2025 was registered by Doddabelavangala Police Station, Bengaluru, for the aforesaid offences against Anila and others, based on the first - 3 - NC: 2025:KHC:14356 CRL.P No. 4155 of 2025 information dated 25.01.2025 received from Sharath R, who is one of the injured in the present case. During the course of investigation, petitioners herein were arrested on 29.01.2025 and subsequently, remanded to judicial custody. In the remand application, petitioners are arraigned as accused Nos.1 and 7 respectively. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.10036/2025 was rejected on 04.03.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that accused No.8 has been granted regular bail by this Court in Crl.P.No.3397/2025. There are no corresponding injuries as a result of the alleged assault made by petitioners herein. They are in custody for the last more than two months. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that accused No.1 is a person with criminal antecedents. Accordingly, he prays to dismiss the petition. 6. A perusal of the material on record would go to show that accused No.1 is named in the FIR and accused No.7 is not named in the FIR. This Court has granted regular bail to - 4 - NC: 2025:KHC:14356 CRL.P No. 4155 of 2025 accused No.8 considering the fact that his name was not found in the FIR. The allegation of assaulting the injured with wooden club is against unknown accused person. Injured Sharath has suffered one grievous injury and one simple injury and another injured Harsha has suffered only simple injuries. The grievous injury suffered by Sharath is a fracture injury. The allegation against accused No.1 is that he had assaulted the injured persons with a dragger. Therefore, fracture injury suffered by Sharath could not have been as a result of assault made by accused No.1. Under the circumstances, I am of the opinion that the prayer made by petitioners/accused Nos.1 and 7 for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.11/2025 registered by Doddabelavangala Police Station, Bengaluru, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 127(2), 351(2), 352 and 190 of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:14356 CRL.P No. 4155 of 2025 a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN