Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21115 CRL.P No. 5750 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5750 OF 2025 BETWEEN:
SRI SATHISHA H.S.
S/O SHIVALINGAIAH AGED ABOUT 49 YEARS RESIDENT OF K. HAGALAHALLI VILLAGE, KASABA HOBLI MANDYA TALUK, MANDYA DISTRICT - 571 428. …PETITIONER (BY SRI ROHITH B.J, ADV., FOR SRI SHANKAR H.S, ADV.) AND:
STATE OF KARNATAKA BY MADDUR POLICE STATION, MANDYA REP.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.51/2025 OF MADDUR POLICE STATION, PENDING ON THE FILE OF 2ND ADDL.JMFC COURT, MADDUR, FOR THE OFFENCES PUNISHABLE UNDER SECTION 109(1), 352, 351(2), 118(1), 54, 74, 76, 119(1), 115(2), 3(5) 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
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21115 CRL.P No. 5750 of 2025
ORAL ORDER
Accused No.1 in Crime No.51/2025 registered by Maddur Police Station, Mandya District, for the offences punishable under Sections 109(1), 352, 351(2), 118(1), 54, 74, 76, 119(1), 115(2) R/w 3(5) 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.51/2025 was registered by Maddur Police Station, Mandya District against the petitioner, his father, wife and another for the aforesaid offences, on the basis of first information dated 04.03.2025 received from Sri Ramakrishan H.K S/o late Kadappa. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.197/2025, which was rejected on 03.04.2025. Therefore, he is before this Court.
4. Perusal of the material on record would go to show that, in respect of the alleged incident that had
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HC-KAR NC: 2025:KHC:21115 CRL.P No. 5750 of 2025
taken place on 04.03.2025, a case and counter case has been registered by Maddur Police Station, Mandya District in Crime No.50/2025 and 51/2025. Crime No.50/2025 was registered for the offences punishable under Sections 189(2), 191(3), 352, 351(2), 115(2), 74, 76, 118(1), 109(1), 119(1), 190 of BNS, 2023, based on the first information received from Smt. Pavithra K, who is the wife of the petitioner herein and in the said case, Ramakrishna H.K, who is the first informant in the present case is arraigned as accused No.2.
5. There is an allegation that the victims in Crime No.50/2025 have also suffered injuries and it is also stated in the FIR in Crime No.50/2025 that when the accused persons were assaulting the victims in Crime No.50/2025, accidentally Ramakrishna H.K has also suffered injures. Insofar as the present case, which is registered in Crime No.51/2025 is concerned, the same is registered after registration of FIR in Crime No.50/2025 and the injured victim in the present case is Ramakrishna, who according
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HC-KAR NC: 2025:KHC:21115 CRL.P No. 5750 of 2025
to the first informant in Crime No.50/2025, had suffered injury accidentally when the accused in Crime No.50/2025 assaulted the victims in Crime No.50/2025.
6.
Learned counsel for the petitioner has brought to the notice of this Court that accused in Crime No.50/2025 have been granted anticipatory bail by the jurisdictional Court in Crl.Misc.No.61/2025.
7. The petitioner has no criminal antecedents. He has undertaken to cooperate with the police 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.
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 petitioner in the event of his arrest in Crime No.51/2025 registered by
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HC-KAR NC: 2025:KHC:21115 CRL.P No. 5750 of 2025
Maddur Police Station, Mandya District, for the offences punishable under Sections 109(1), 352, 351(2), 118(1), 54, 74, 76, 119(1), 115(2) R/w 3(5) 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.
4. The petitioner shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS