Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22518 CRL.P No. 7878 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7878 OF 2025 BETWEEN:
SRI.VINAY KUMAR DAGGOLU S/O D.V. KRISHNA REDDY AGED ABOUT 52 YEARS RESIDING AT 2-7-63, WARD-2 BLOCK-7, EXCISE COLONY SUBEDARI, HANAMKONDA WARANGAL, HANAMKONDA TELANGANA - 506 001. …PETITIONER (BY SRI G.S. VENKAT SUBBARAO, ADV.) AND:
STATE OF KARNATAKA BY BELLANDUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THE PETITIONER BEING ARRESTED BY THE 1ST RESPONDENT POLICE IN CR.NO.181/2024 FOR THE OFFENCES P/U/S 149, 288, 268, 304, 337 AND 338 OF IPC CONDITIONALLY BY ALLOWING THE ABOVE PETITION.
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
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HC-KAR NC: 2025:KHC:22518 CRL.P No. 7878 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER
1. Accused No.3 in Crime No.181/2024 registered by Bellanduru Police Station, Bengaluru, for the offences punishable under Sections 288, 304, 337, 338, 268 and 149 of IPC, is 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.629/2016 was registered by HSR Layout Police Station, Bengaluru, for the aforesaid offences against Srinivasalu and others based on the first information dated 05.10.2016 received from Tapas Kumar S/o Bijoy Gudiya. Petitioner was arraigned as accused No.3 in the said FIR. Subsequently, for want of jurisdiction, FIR was transferred to Bellanduru Police Station and is now numbered as Crime No.181/2024. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3777/2025 before the jurisdictional Sessions Court which was rejected on 23.05.2025. Therefore, he is before this Court.
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HC-KAR NC: 2025:KHC:22518 CRL.P No. 7878 of 2025
4. Perusal of the material on record would go to show that petitioner is the co-owner of the immovable property bearing No.47, situated at Bellanduru, Bengaluru East Taluk and it appears that the owners of the property had entered into a construction agreement with accused No.1 - Srinivasalu for the purpose of constructing a multi-storied building in the aforesaid property. On 05.10.2016, the under construction building had collapsed and in the said incident, six persons had died and seven were injured and it is under these circumstances, FIR was initially registered in Crime No.629/2016 by HSR Layout Police Station, Benglauru.
5. Some of the accused in Crime No.629/2016 had approached the jurisdictional Court seeking anticipatory bail and the said bail applications were allowed. Accused Nos.6 and 7 had approached this Court in Crl.P.No.862/2017 filed under Section 482 of Cr.P.C. and it appears that there was an interim
order operating in the said petition and therefore, there was no progress in the investigation in the case. Crl.P.No.862/2017 was ultimately disposed of on 11.01.2024 and thereafter, the FIR was transferred to Bellanduru Police Station, Benglauru for
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HC-KAR NC: 2025:KHC:22518 CRL.P No. 7878 of 2025
want of jurisdiction. Apprehending arrest in the case, petitioner had approached the jurisdictional Sessions Court.
6. The alleged offences are not punishable with death or life imprisonment and petitioner has no other criminal antecedents. Similarly situated other accused persons have been granted anticipatory bail in the present case. Petitioner has undertaken to cooperate with the police for the purpose of investigation. FIR was initially registered in the present case in the year 2016 and no efforts were made by the police to arrest the petitioner earlier. Under the circumstances, 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.181/2024 was registered by Bellanduru Police Station, Bengaluru, for the offences punishable under Sections 288, 304, 337, 338, 268 and 149 of IPC, subject to the following conditions:
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HC-KAR NC: 2025:KHC:22518 CRL.P No. 7878 of 2025
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/- 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 witnesses 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