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2025 DAILYLAW 30407 (KAR)

NARASAIAH @ DALLALI NARASAIAH v. THE STATE OF KARNATAKA

CRL.P/9290/2025 · 2025-07-11

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25559 CRL.P No. 9290 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9290 OF 2025 BETWEEN: NARASAIAH @ DALLALI NARASAIAH S/O LATE DASAPPA AGED ABOUT 65 YEARS RESIDENT OF HOLE BEEDI KALKUNIKE, HUNSUR TOWN HUNASUR - 570 155. …PETITIONER (BY SRI SHARAS CHANDRA M, ADV.) AND: THE STATE OF KARNATAKA BYAND HUNSUR TOWN P.S. MYSORE DISTRICT, (THROUGH THE S.P.P., HIGH COURT PREMISES BENGALURU CITY - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.149/2025 OF HUNSUR TOWN P.S TRIED FOR O/P/U/S 115(2),108 R/W 3(5) OF BNS OF HUNSUR TOWN P.S PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND CJM COURT, HUNSUR, MYSURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25559 CRL.P No. 9290 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 No.1 in Crime No.149/2025 registered by Hunusur Town Police Station, Mysuru District, for the offences punishable under Sections 115(2), 108 read with Section 3(5) 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.149/2025 was registered by Hunusur Town Police Station, Mysuru District, for the aforesaid offences against petitioner herein and another based on the first information dated 02.06.2025 received from Narasimha R S/o deceased Ramesha. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.5139/2025 before the jurisdictional Sessions which was rejected on 19.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:25559 CRL.P No. 9290 of 2025 4. In the first information which is submitted by the son of deceased Ramesha, it is stated that on 02.06.2025 at about 08.45 a.m., accused Nos.1 and 2, who are father and son had quarreled with Ramesha and had assaulted him. Ramesha, who allegedly got ashamed for the reason that he was assaulted by accused Nos.1 and 2 had subsequently committed suicide by hanging himself in his house. In respect of the alleged incident that had taken place at about 08.45 a.m. on 02.06.2025 in which accused Nos.1 and 2 had assaulted Ramesha, undisputedly, no criminal case has been registered. The alleged act of accused Nos.1 and 2, assaulting Ramesha after quarrelling with him on 02.06.2025, cannot be considered as instigation or abetment for committing suicide. Accused No.2 has been granted regular bail by this Court in Crl.P.No.8634/2025. Therefore, 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:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release - 4 - HC-KAR NC: 2025:KHC:25559 CRL.P No. 9290 of 2025 the petitioner in the event of his arrest in Crime No.149/2025 registered by Hunusur Town Police Station, Mysuru District, for the offences punishable under Sections 115(2), 108 read with Section 3(5) 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/- 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