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2025 DAILYLAW 27942 (KAR)

SRI. NAVEEN. G v. STATE OF KARNATAKA

CRL.P/7667/2025 · 2025-06-13

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20473 CRL.P No. 7667 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7667 OF 2025 BETWEEN: 1. SRI NAVEEN G S/O GANGAIAH AGED ABOUT 33 YEARS. 2. SRI SRINIVASA MURTHY G S/O GURUMURTHY AGED ABOUT 37 YEARS. 3. SRI VENKATESHA, G S/O GANGAIAH AGED ABOUT 29 YEARS. ALL ARE RESIDING AT CHANNOHALLI PALYA VILLAGE, SOLUR HOBLI MAGADI TALUK, RAMANAGARA DISTRICT - 562 159. …PETITIONERS (BY SRI GOPALA KRISHNA B.N, ADV.) AND: STATE OF KARNATAKA BY KUDUR POLICE STATION RAMANAGARA DIST. - 562 120 REPRESENTED BY STATE PUBLIC PROSECUTOR. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS (ACCUSED NO.2,3 AND 5) IN CR.NO.120/2025 OF THE RESPONDENT POLICE, ON THE FILE OF THE 1ST ADDITIONAL CIVIL JUDGE AND Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20473 CRL.P No. 7667 of 2025 JMFC, AT MAGADI FOR THE O/P/U/S 115(2), 118(1), 74, 190, 352, 351(2) AND 109 OF BNS 2023, PENDING IN THE ABOVE CASE. 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.2, 3 and 5 in Crime No.120/2025 registered by Kudur Police Station, Ramanagara District for the offence punishable under Sections 115(2), 118(1), 74, 190, 352, 351(2), 109 of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in in Crime No.120/2025 was registered by Kudur Police Station, Ramanagara District against Venkatesha and others for the aforesaid offences on the basis of first information dated 15.04.2025 received from Smt Bhagyalakshmi W/o Late Ramaiah, who is the victim in the present case. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.391/2025, which was rejected on 22.05.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners, who are agriculturists do not have criminal - 3 - HC-KAR NC: 2025:KHC:20473 CRL.P No. 7667 of 2025 antecedents. The injured victims have only suffered simple injury in the incident in question, which had taken place having regard to the civil dispute between the parties. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the bail petition does not dispute the submission made by the learned counsel for the petitioner . 6. Perusal of the material made available to the Court would go to show that, the accused and the injured are close relatives and it appears that there is a civil dispute between the two parties which is pending before the jurisdiction civil Court in O.S.NO.765/2023. On the alleged date of incident, the parties had fought against each other having regard to the civil dispute pending between them and the first informant and two others had suffered injury in the incident as a result of assault made by the accused persons. Accused Nos.1 and 4, who were arrested in the present case are said to have been enlarged on bail by the jurisdictional Court of Magistrate. 7. The injured victim in the present case have suffered only simple injury in the incident in question. The petitioners, who are the agriculturists do not have any criminal antecedents - 4 - HC-KAR NC: 2025:KHC:20473 CRL.P No. 7667 of 2025 and they have undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that, the petitioners' 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 petitioners in the event of their arrest in Crime No.120/2025 registered by Kudur Police Station, Ramanagara District for the offence punishable under Sections 115(2), 118(1), 74, 190, 352, 351(2), 109 of BNS, 2023 subject to the following conditions: 1. The petitioners 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) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - HC-KAR NC: 2025:KHC:20473 CRL.P No. 7667 of 2025 3. The 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 NMS