Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18600 CRL.P No. 6828 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6828 OF 2025 BETWEEN:
1. ANANDA, S/O NAGAIAH, AGE ABOUT 40 YEARS,
2.
GURUPRASAD N.S @ GURUPRASAD, S/O SIDDARAJU G.R, AGE ABOUT 42 YEARS, BOTH ARE RESIDENTS OF NIDAGATTA VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. …PETITIONERS (BY SRI. KUMARA K.G, ADVOCATE) AND:
STATE BY KARNATAKA, MALAVALLI RURAL POLICE STATION, MANDYA DISTRICT - 571 430.
(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001) …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.32/2025 REGISTERED BY THE RESPONDENT MALAVALLI RURAL POLICE STATION FOR THE OFFENCES P/U/S 352, 118(1), 118(2), AND 3(5) OF THE BNS, 2023 PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, MALAVALLI, MANDYA DISTRICT. Digitally signed by KAVYA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:18600 CRL.P No. 6828 of 2025
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 and 2 in Crime No.32/2025 which was registered by Malavalli Rural Police Station, Mandya District for the offences punishable under Section 352, 118(1), 118(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of anticipatory bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.32/2025 was registered by Malavalli Rural Police Station, Mandya District for the aforesaid offences against the petitioners herein based on the first information dated 22.02.2025, received from Shashikumar Son of R.Raju who is the injured victim in the present case. Apprehending the arrest in the case, petitioners had filed Crl.Misc.No.191/2025 before the jurisdictional Sessions Court which was rejected on
08.04.2025. Therefore, petitioners are before this Court.
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HC-KAR NC: 2025:KHC:18600 CRL.P No. 6828 of 2025
4. Perusal of the material on record would go to show that incident has taken place on 16.02.2025 and first information was belatedly submitted on 22.02.2025 which is after a delay of six days from the alleged date of incident.
5. In the first information, the injured victim has stated that on 16.02.2025 at about 08.30 p.m., he had approached the petitioners herein with a request to pay the money for the work done by him and therefore, accused Nos.1 and 2 had assaulted him with a wooden club on his left leg and had caused grievous injuries on the left leg and the doctor had advised him to undergo an operation and he had taken treatment for his injury on the left leg and thereafter, approached the police.
6. The medical records of the injured victim would go to show that he had suffered a fracture on his right leg and grievous injury is found only on his right leg. The allegation against the petitioners is that they have
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HC-KAR NC: 2025:KHC:18600 CRL.P No. 6828 of 2025 assaulted the injured on his left leg and had caused grievous injuries.
7. Considering the above said discrepancy and also the delay in approaching the police, I am of the opinion that prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:-
ORDER i. The petition is allowed. ii. 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.32/2025 registered by Malavalli Rural Police Station, Mandya District for the offences punishable under Section 352, 118(1), 118(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to the following conditions:
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HC-KAR NC: 2025:KHC:18600 CRL.P No. 6828 of 2025
1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. Petitioners shall appear regularly before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. 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 KAV List No.: 1 Sl No.: 54/CT: BHK