Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 27076 (KAR)

POOJANNA v. THE STATE OF KARNATAKA

CRL.P/7350/2025 · 2025-06-23

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21875 CRL.P No. 7350 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7350 OF 2025 BETWEEN: 1. POOJANNA AGED ABOUT 70 YEARS S/O MUNIGADU NO. 139/26, P.K. CORPORATION FRAZER TOWN, BANGALORE - 560 006. 2. NARASIMA AGEDA BOUT 55 YEARS S/O MUNIGADU NO.147, 1ST CROSS P K COLONY, BSA ROAD NEAR DODDY FRAZER TOWN BANGALORE - 560 005. …PETITIONERS (BY SRI D. NAGARAJA REDDY, ADV., SMT. MUTHYALAMMA, ADV.) AND: THE STATE OF KARNATAKA BY HALASURU GATE POLICE REP. BY STATE PP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.126/2023 OF RESPONDENT POLICE HALSUR GATE P.S, FOR THE OFENCES P/U/S. 465, 468, 471 AND 474 OF IPC, NOW PENDING ON THE FILE OF THE I ADDL. CHIEF METRO POLITAN COURT, BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21875 CRL.P No. 7350 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 1. Accused Nos.1 and 2 in Crime No.126/2023 registered by Halasurgate Police Station, Bengaluru City, for the offences punishable under Sections 465, 468, 471 and 474 of IPC, are before this Court under Section 438 of Cr.P.C. seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.126/2023 was registered by Halasurgate Police Station, Bengaluru City, for the aforesaid offences against petitioners based on the first information dated 05.05.2023 received from Muniraja S/o late Narasimaiah @ Narasimappa. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.2659/2025 which was rejected by the jurisdictional Sessions Court on 15.04.2025. Therefore, they are before this Court. - 3 - HC-KAR NC: 2025:KHC:21875 CRL.P No. 7350 of 2025 4. Perusal of the material on record would go to show that petitioners are direct brothers. Accused No.1 is aged about 70 years and accused No.2 is aged about 55 years. Undisputedly, they do not have any criminal antecedents. The allegations found in the first information would go to show that the dispute between the parties is purely civil in nature. The alleged offences are triable by the Court of Magistrate. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioners, who have no other criminal antecedents have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. The 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.126/2023 registered by Halasurgate Police Station, Bengaluru City, for the offences punishable under Sections 465, 468, 471 and 474 of IPC, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC:21875 CRL.P No. 7350 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses 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 DN