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2025 DAILYLAW 23163 (KAR)

SHARATH. H. R. v. THE STATE OF KARNATAKA BY

CRL.P/5171/2025 · 2025-04-22

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16683 CRL.P No. 5171 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5171 OF 2025 BETWEEN: 1. SHARATH H.R S/O RAMAKRISHNA H.K AGED ABOUT 31 YEARS. 2. RAMAKRISHNA S/O LATE KADAPPA AGED ABOUT 69 YEARS. 3. CHIKKALINGAIAH H.K @ H.K CHIKKALINGEGOWDA S/O KADAPPA AGED ABOUT 52 YEARS R/O NO.32, K. HALAGALAHALLI VILLAGE, K. HONNALAGERE POST MANDYA DISTRICT - 571 433. 4. SMT. YASHODHAMMA W/O RAMAKRISHNA AGED ABOUT 51 YEARS. 5. POOJA @ SAHANA H.R D/O RMAAKRISHNA W/O ABHISHEK C AGED ABOUT 28 YEARS R/O GOVERNMENT PRIMARY SCHOOL ROAD, ARETIPPUR VILLAGE KODAGERE, MANDYA DISTRICT - 571 433. THE PETITIONERS NO.1, 2 & 4 RESIDING AT NO.131, K. HAGALAHALLI VILLAGE K. HONNALAGERE, POST KASABA HOBLI, MADDURU TALUK MANDYA DISTRICT - 571 433. …PETITIONERS Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16683 CRL.P No. 5171 of 2025 (BY SRI HEMANTH KUMAR K, ADV.) AND: THE STATE OF KARNATAKA BY MADDUR POLICE MANDYA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 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 GRANT AN ORDER OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT/MADDUR STATION POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.50/2025 FOR THE O/P/U/S 189(2), 191(3), 352, 351(2), 115(2), 74, 76, 118(1), 109(1), 119(1) AND 190 BNSS, 2023 PENDING ON THE FILES OF JMFC II AT MADDUR. 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.50/2025 registered by Maddur Police Station, Mandya District for the offences punishable Sections 189(2), 191(3), 352, 351(2), 115(2), 74, 76, 118(1), 109(1), 119(1) & 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 - NC: 2025:KHC:16683 CRL.P No. 5171 of 2025 3. FIR in Crime No.50/2025 was registered by Maddur Police Station, Mandya District against the petitioners on the basis of first information dated 04.03.2025 received from Smt. Pavithra K W/o Sathish. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.207/2025 before the jurisdictional Sessions Court, which was rejected on 28.03.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place on 04.03.2025, case and counter case has been registered by the very same Police Station in Crime No.50/2025 and 51/2025. Undisputedly, the injured victims in Crime No.50/2025 have suffered only simple injuries in the incident in question. It is brought to the notice of this Court that accused in Crime No.51/2025 have all been granted anticipatory bail by the jurisdictional Sessions Court. - 4 - NC: 2025:KHC:16683 CRL.P No. 5171 of 2025 5. It appears that, parties have fought against each other on petty issue and both the parties have suffered minor injury in the incident in question. The petitioners have undertaken to cooperate with the police for the purpose of investigation. 6. Considering the aforesaid aspect of the matter and also the nature of allegation found in the FIR against the petitioners, who are all members of the same family, I am of the opinion that the petitioners have made out a case for grant of anticipatory. 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.50/2025 registered by Maddur Police Station, Mandya District for the offences punishable Sections 189(2), 191(3), 352, 351(2), 115(2), 74, 76, 118(1), 109(1), 119(1) & 190 of BNS, 2023 subject to the following conditions: - 5 - NC: 2025:KHC:16683 CRL.P No. 5171 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