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2025 DAILYLAW 22592 (KAR)

SRI MURUGENDRA SWAMY v. STATE OF KARNATAKA

CRL.P/4963/2025 · 2025-04-21

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:16315 CRL.P No. 4963 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4963 OF 2025 BETWEEN: 1. SRI MURUGENDRA SWAMY S/O NAGARAJAPPA AGED ABOUT 36 YEARS. 2. SRI NAGARAJU S/O LATE VEERAPPA AGED ABOUT 72 YEARS. 3. SMT. SHIVANAGAMMA, W/O NAGARAJU AGED ABOUT 64 YEARS. 4. SMT. RANI W/O MURUGENDRASWAMY AGED ABOUT 30 YEARS. 5. SRI SHIVAKUMAR, S/O NAGARAJAPPA AGED ABOUT 44 YEARS. ALL THE ACCUSED NOS. 1 TO 5 ARE R/O. MALLAIAHNAPURA VILLAGE CHAMARAJANAGAR TQ. AND DIST. …PETITIONERS (BY SRI KESHAV R. AGNIHOTRI, ADV.) AND: 1. STATE OF KARNATAKA CHAMARAJANAGAR RURAL POLICE STATION REPRESENTED BY REP. BY STATE PUBLIC PROSECUTOR (SPP), HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16315 CRL.P No. 4963 of 2025 2. SMT. CHAITRA M.S. D/O. LATE SHIVANNA AGED ABOUT 26 YEARS R/AT B. MALLAIANAPURA VILLAGE CHAMARAJANAGARA TQ. AND DIST …RESPONDENTS (BY SRI K. NAGESHWARAPPA, HCGP FOR R-1) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.40/2025 IN RESPECT OF THE CASE REGISTERED BY THE CHAMARAJANAGARA RURAL POLICE FOR THE OFFENCE P/US/ 189(2), 121, 352, 115(2), 118(1), 351(2), 74, 126(2), 190 OF BNS 2023. 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 Nos.1 to 5 in Crime No.40/2025 registered by Chamarajanagara Rural Police Station, Chamarajanagara District for the offences punishable Sections 189(2), 121, 352, 115(2), 118(1), 351(2), 74, 126(2) & 190 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.40/2025 registered by Chamarajanagara Rural Police Station, Chamarajanagara District against the petitioners herein on the basis of first - 3 - NC: 2025:KHC:16315 CRL.P No. 4963 of 2025 information dated 04.03.2025 received from Smt Chaithra M.S D/o late Shivanna. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.88/2025 before the jurisdictional Sessions Court, which was rejected on 24.03.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, there is a dispute between the parties regarding some immovable property and it is in this background alleged incident had taken place at about 5.30 p.m, on 04.03.2025. In respect of the alleged incident case and counter case has been registered in Crime No.40/2025 and Crime No.41/2025 by Chamarajanagara Rural Police Station almost for the similar offences. 5. Crime No.41/2025 has been registered based on the first information submitted by petitioner No.1 herein against Rajamma and others. The first informant in the present case is Smt. Chaithra M.S, who is arraigned as accused No.2 in Crime No.41/2025. - 4 - NC: 2025:KHC:16315 CRL.P No. 4963 of 2025 6. Undisputedly, the victims have suffered only minor injuries in the incident in question. Accused persons have no criminal antecedents. The alleged offences are triable by the Court of Magistrate. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail requires to be answered affirmatively. 8. Accordingly, the following: ORDER The Criminal 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.40/2025 registered by Chamarajanagara Rural Police Station, Chamarajanagara District for the offences punishable Sections 189(2), 121, 352, 115(2), 118(1), 351(2), 74, 126(2) & 190 of BNS, 2023 subject to the following conditions: - 5 - NC: 2025:KHC:16315 CRL.P No. 4963 of 2025 1. The petitioners 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) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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 NMS