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2025 DAILYLAW 28284 (KAR)

MR AVINASHA K N v. STATE BY KARNATAKA

CRL.P/8013/2025 · 2025-07-02

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23751 CRL.P No. 8013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8013 OF 2025 BETWEEN: 1. MR AVINASHA K N S/O NAGARAJU, AGED ABOUT 30 YEARS, R/AT NEAR YOGANANDA TEMPLE, KIKKERI VILLAGE AND HOBLI, K R PETE TALUK-571 423 2. MR. YASHAVANTHA K S/O KUMARASWAMY, AGED ABOUT 24 YEARS, R/AT KASTURI BA EXTENSION, MANDAGERE ROAD, KIKKERI VILLAGE AND HOBLI, K R PETE TALUK-571 423 …PETITIONERS (BY SRI. KUMARA K.G, ADVOCATE) AND: STATE BY KARNATAKA CHANNARAYAPATNA RURAL POLICE STATION, HASSAN DISTRICT-571 423 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001) …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 OF (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23751 CRL.P No. 8013 of 2025 THEIR ARREST CRIME NO.177/2020 OF RESPONDENT CHANNARAYAPATNA RURAL POLICE FOR THE OFFENCE P/US/ 192(A),66 OF IMV ACT AND SEC.4,8,9,11 OF THE KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PREVENTION ACT, PENDING ON THE FILE OF HON'BLE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT CHANNARAYAPATNA HASSAN DISTRICT. 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. Petitioners are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail in Crime No.177/2020 registered by Channarayapatna Rural Police Station, Hassan District, for the offences punishable under Sections 4, 8, 11, 9 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 1964 and Sections 66, 192(A) of the Motor Vehicles Act, 1988. 2. Heard the learned Counsel for the parties. 3. Perusal of the material on record would go to show that petitioners were granted anticipatory bail in the present case in Crl. Misc. No.1121/2024 by order dated 29.10.2024. While granting anticipatory bail in Crl. Misc. No.1121/2024, petitioners were directed to appear before the Trial Court within - 3 - HC-KAR NC: 2025:KHC:23751 CRL.P No. 8013 of 2025 15 days from the date of the order and furnish bond and bail bond. It appears that petitioners had failed to comply with the said condition imposed by the Sessions Court while disposing of Crl. Misc. No.1121/2024. Therefore, they had filed a fresh bail application before the Court of IV Addl. District & Sessions Judge, Hassan, sitting at Channarayapatna, in Crl. Misc. No.369/2025 which has been rightly dismissed by order dated 22.04.2025 on the ground that the said application was not maintainable. It is under these circumstances, petitioners are before this Court. 4. Since the petitioners have been already granted anticipatory bail by the jurisdictional Sessions Court in Crl. Misc. No.1121/2024 by order dated 29.10.2024, their second bail application seeking anticipatory bail is not maintainable. Petitioners are required to file necessary application before the jurisdictional Sessions Court seeking modification/relaxation of the condition imposed by the said Court while disposing of Crl. Misc. No.1121/2024 by order dated 29.10.2024. 5. Learned Counsel for the petitioner has submitted that if further time of one week is granted to appear before the Trial - 4 - HC-KAR NC: 2025:KHC:23751 CRL.P No. 8013 of 2025 Court and comply the terms and conditions imposed on the petitioners in Crl. Misc. No.1121/2024, the petitioners will comply with the terms of the order passed by the jurisdictional Sessions Court in Crl. Misc. No.1121/2024 disposed of on 29.10.2024. Under the circumstances, I proceed to pass the following order: 6. Petition is disposed of, reserving liberty to the petitioners to file necessary application before the Court of IV Addl. District & Sessions Judge, Hassan, sitting at Channarayapatna, seeking modification/relaxation of the condition imposed by the said Court while disposing of Crl. Misc. No.1121/2024 disposed of on 29.10.2024. In the event such an application is filed, the same shall be considered and disposed of, as expeditiously as possible, but not later than the period of three days from the date of receipt of the application. Sd/- (S VISHWAJITH SHETTY) JUDGE KK