Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:19593 CRL.P No. 7073 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7073 OF 2025 BETWEEN:
SRI KUMARA S/O DEVARAJEGOWDA AGED ABOUT 40 YEARS R/AT HEGGADAHALLI VILLAGE KASABA HOBLI, K.R. PETE TALUK MANDYA DITRICT - 571 426. …PETITIONER (BY SRI ROOPESHA B, ADV.) AND:
STATE BY K.R. PETE TOWN POLICE STATION MANDYA - 571 426 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.75/2025 PENDING BEFORE THE CIVIL JUDGE AND JMFC (JR.DN) K.R.PET WHICH WAS REGISTERED BY THE RESPONDENT POLICE I.E., K.R.PET TOWN POLICE, MANDYA FOR THE OFFENCES P/U/S 352, 115(2), 109, 118(1), 76, 119(1), 351(2), 189(2), 191(3), 190, 61(2) OF BNS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:19593 CRL.P No. 7073 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.4 in Crime No.75/2025 registered by K. R. Pet Town Police Station, Mandya, for the offences punishable under Sections 352, 115(2), 109, 118(1), 76, 119(1), 351(2), 189(2), 191(3), 190 and 61(2) of BNS, 2023, is 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.75/2025 was registered by K. R. Pet Town Police Station, Mandya, for the aforesaid offences against one Mahesha and others based on the first information dated 03.04.2025 received from Vijayakumara, who is one of the injured victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.5117/2025 before the jurisdictional Sessions Court which was rejected as against him on 16.04.2025. Therefore, he is before this Court.
4.
Learned counsel for the petitioner submits that accused No.1, 3 and 5 have been granted anticipatory bail in this case
- 3 -
HC-KAR NC: 2025:KHC:19593 CRL.P No. 7073 of 2025
by the jurisdictional Sessions Court and accused No.2, who was arrested in the case has been granted regular bail by the jurisdictional Court of Magistrate. Petitioner has no other criminal antecedents and injured has suffered only simple injuries in the incident in question. Accordingly, he prays to allow the petition.
5. Per contra, learned Addl. SPP, who has opposed the petition however does not dispute the submission made by
learned counsel for the petitioner.
6. In the first information which is submitted by Vijayakumara S/o Ningegowda, who is one of the injured victim, it is stated that for the reason that wife of first informant namely, Chaitra, who is working as Secretary in the Milk Producers Co-operative Society Limited at Chowdaghatta Village and the President of the said Society had not signed the cheque to the suppliers of milk, there was a quarrel and in the said incident, accused persons after abusing the first informant and others, had assaulted them and as a result, the first informant and two others have suffered injuries. Wound Certificate of the injured victims would reveal that the victims
- 4 -
HC-KAR NC: 2025:KHC:19593 CRL.P No. 7073 of 2025
have only suffered simple injuries in the incident in question. Undisputedly, petitioner has no other criminal antecedents. Accused Nos.1, 3 and 5 have been granted anticipatory bail by the jurisdictional Sessions Court and accused No.2, who was arrested in the case has been enlarged on regular bail by the jurisdictional Court of Magistrate. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-
7. The 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.75/2025 registered by K. R. Pet Town Police Station, Mandya, for the offences punishable under Sections 352, 115(2), 109, 118(1), 76, 119(1), 351(2), 189(2), 191(3), 190 and 61(2) of BNS, 2023, subject to the following conditions:
1. The Petitioner 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/-
- 5 -
HC-KAR NC: 2025:KHC:19593 CRL.P No. 7073 of 2025
with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. 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
DN