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2025 DAILYLAW 30425 (KAR)

SRI. KALVI ASHOKA v. STATE OF KARNATAKA BY

CRL.P/9122/2025 · 2025-07-01

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9122 OF 2025 BETWEEN: 1. SRI KALVI ASHOKA S/O LAMBANI UMLANAIK AGED 39 YEARS OCCU: HEAD CONSTABLE HENNUR POLICE STATION BENGALURU R/AT NO.46 SEVALAL TEMPLE, KALVI TANDA, KALVI WEST, HADAGALI BELLARY - 583 214. 2. MURULI T S/O KOTRAPPA AGED 33 YEARS OCCU: POLICE CONSTABLE HENNUR POLICE STATION BENGALURU NO.42/B KUDITINI MOGGI, AMBLI BELLARY - 583 134. …PETITIONERS (BY SRI NITHIN GOWDA K.C, ADV., FOR SRI PRASANNA KUMAR P, ADV.) AND: 1. STATE OF KARNATAKA BY THE COMMISSIONER OF POLICE BENGALURU CITY NO.1 INFANTRY ROAD BENGALURU - 560 001. 2. STATE OF HARYANA BY THE POLICE STATION CITY JAGADHRI DISTRICT YAMUNA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 NAGAR, HARYANA - 135 001 NOW BEING INVESTIGATED BY THE SPECIAL TASK FORCE UNIT AMBALA, HARYANA - 133 001. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF TRANSIT BAIL IN FAVAOUR OF THE PETITIONERS HEREIN THE THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CASE IN FIR BEARING CR.NO.630 DATED 26.11.2024 BY THE P.S. CITY JAGADHRI DISTRICT YAMUNA NAGAR, HARYANA FOR THE OFFENCE P/U/S 111(2),111(3),111(4),111(5),319(2),318(4),338,336(3),340(2) AND SEC.61 OF BNS, 2023 AND SEC.12(1) OF THE PASSPORT ACT 1967 FOR A PERIOD OF FOUR WEEKS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioners are before this Court seeking transit bail in Crime No.630/2024 registered by Police Station, Jagadhri City, Yamuna Nagar District, Haryana State for the offences punishable under Sections 112(2), 111(3), 111(4), 111(5), 319(2), 318(4), 338, 336(3), 340(2) and Section 61 of BNS, 2023 and Section 12(1) of the Passport Act, 1967. - 3 - HC-KAR NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 2. Heard the learned counsel appearing for the petitioners and learned Addl. SPP appearing on behalf of respondent No.1. 3. Learned counsel for the petitioners submits that the petitioners are serving as Police Head Constables in Hennuru Police Station, Bengaluru and they have now received a enquiry notice asking them to join investigation in Crime No.630/2024 registered by Police Station, Jagadhri City, Yamuna Nagar District, Haryana State. He submits that, the petitioners are apprehending arrest and therefore they intend to file necessary application before the jurisdictional Court at Haryana State seeking anticipatory bail. He submits that, therefore, for a limited purpose to enable the petitioners to approach the jurisdictional Court at Haryana their prayer made in the petition may be granted. 4. Learned HCGP has opposed the petition. She submits that, FIR has been registered in the year 2024. Therefore, there cannot be any apprehension on part of - 4 - HC-KAR NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 the petitioners that they are likely to be arrested in the present case. Accordingly, she prays to dismiss the petition. 5. From a reading of enquiry notice issued to the petitioners it is clear that, the petitioners are working as Police Head Constables at Hennuru Police Station, Bengaluru. The enquiry notice has been issued to the petitioners asking them to join investigation in the aforesaid criminal case and in the enquiry notice it is also stated that in the event the petitioners do not join investigation, suitable action will be taken against them. Therefore, apprehension expressed by the learned counsel for the petitioners cannot be brushed aside. 6. The petitioners do not have any criminal antecedents and they are Government Servants working as Police Head Constable at Hennuru Police Station, Bengaluru. The petitioners intend to seek appropriate relief before the jurisdictional Court at Haryana State since they are apprehending arrest in Crime No.630/2024 - 5 - HC-KAR NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 registered by Police Station, Jagadhri City, Yamuna Nagar District, Haryana State. Under these circumstances, so as to enable the petitioners to approach the jurisdictional Court and seek appropriate relief, it is necessary to give some protection to them for a limited period, subject to appropriate conditions. 7. Accordingly, the following :- ORDER Criminal petition is allowed. The petitioners are granted transit bail for a limited period of three weeks from the date of receipt of certified copy of this order and in the event, they are arrested in connection with Crime No.630/2024 registered by Police Station, Jagadhri City, Yamuna Nagar District, Haryana State for the offences punishable under Sections 112(2), 111(3), 111(4), 111(5), 319(2), 318(4), 338, 336(3), 340(2) and Section 61 of BNS, 2023 and Section 12(1) of - 6 - HC-KAR NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 the Passport Act, 1967, they shall be released on bail subject to following conditions. 1. The petitioners shall execute 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 not directly or indirectly threaten or tamper with the prosecution witnesses. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS