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2025 DAILYLAW 26580 (KAR)

DARSHAN S v. STATE OF KARNATAKA

CRL.P/7030/2025 · 2025-06-02

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18550 CRL.P No. 7030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7030 OF 2025 BETWEEN: 1. DARSHAN S S/O SANNAIAH AGED ABOUT 19 YEARS R/AT- BANNHALLIHUNDI VILLAGE T NARSIPURA TALUK, MYSORE DISTRICT - 571 124. 2. DARSHAN P S/O PUTTASWAMY AGED ABOUT 22 YEARS R/AT- BANNHALLIHUNDI VILLAGE, T. NARSIPURA TALUK MYSORE DISTRICT - 571 124. …PETITIONERS (BY SRI NAGENDRA B, ADV.) AND: STATE OF KARNATAKA BY T NARSIPURA POLICE STATION REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO RELEASE THEM ON ANTICIPATORY BAIL WHO ARE ACCUSED NO.2 AND 3 IN CRIME NO.50/2025 FOR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18550 CRL.P No. 7030 of 2025 THE OFFENCE P/US/ 182(2), 189(4), 191(3), 126(2), 352, 351(2), 351(3), 109 R/W SEC.190 OF BNS BY T.NARASIPURA POLICE, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM COURT AT T NARSIPURA IN RESPECT OF THE PETITIONERS. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 3 in Crime No.50/2025 registered by T. Narasipura Police Station, Mysuru, for the offences punishable under Sections 182(2), 189(4), 191(3), 126(2), 352, 351(2), 351(3), 109 and 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.50/2025 was registered by T. Narasipura Police Station, Mysuru, for the aforesaid offences against Rohith alias Dillu and others based on the first information dated 09.02.2025 received from Manjunath, who is the father of deceased victim Niranjan. Apprehending arrest in the case, petitioners, who are arraigned as accused Nos.2 and 3 had filed - 3 - HC-KAR NC: 2025:KHC:18550 CRL.P No. 7030 of 2025 Crl.Misc.No.308/2025 before the jurisdictional Sessions Court which was rejected on 11.03.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners after arguing the matter for some time submits that petition as against accused No.3/petitioner No.2 may be dismissed as not pressed with liberty to him to surrender before the jurisdictional Court and file necessary application seeking regular bail. 5. Learned counsel for the petitioners submits that there is no allegation as against accused No.2/petitioner No.1 about stabbing the injured victim, who is now discharged from the Hospital. He also submits that accused No.1, who was arrested has been granted regular bail. Accordingly, he prays to allow the petition insofar as petitioner No.1/accused No.2. 6. Learned HCGP, who has opposed the petition however does not dispute the submission made by learned counsel for the petitioners. 7. A perusal of the first information in the present case would go to show that allegation of stabbing the injured victim - 4 - HC-KAR NC: 2025:KHC:18550 CRL.P No. 7030 of 2025 Niranjan, who is the son of the first informant, is only as against accused Nos.1 and 3. Accused No.1, who was arrested in the present case has been granted regular bail by the jurisdictional Sessions Court. Insofar as accused No.2/petitioner No.1 is concerned, there is no allegation as against him about assaulting or stabbing the injured victim. Undisputedly, he has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by accused No.2/petitioner No.1 for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is partly allowed. The petition is allowed insofar as it relates to petitioner No.1/accused No.2 and is dismissed as against petitioner No.2/accused No.3 as not pressed with liberty to the petitioner No.2/accused No.3 to surrender before the jurisdictional Court and file necessary application seeking regular bail. 9. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner No.1/accused No.2 in the event of his arrest in Crime No.50/2025 registered by T. Narasipura Police Station, Mysuru, for the offences - 5 - HC-KAR NC: 2025:KHC:18550 CRL.P No. 7030 of 2025 punishable under Sections 182(2), 189(4), 191(3), 126(2), 352, 351(2), 351(3), 109 and 190 of BNS, 2023, subject to the following conditions: 1. The petitioner No.1/accused No.2 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. Petitioner No.1/accused No.2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner No.1/accused No.2 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 No.1/accused No.2 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN