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2025 DAILYLAW 3443 (KAR)

SRI. ANJINI S/O MARAPPA v. THE STATE OF KARNATAKA

CRL.P/100466/2025 · 2025-03-05

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4239 CRL.P No. 100466 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100466 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SRI ANJINI S/O. MARAPPA, AGE: 36 YEARS, OCC. SCRAP BUSINESS, R/O. DEVALAPURA VILLAGE, TQ. KAMPLI, DIST. BALLARI-583132. …PETITIONER (BY SRI RAJENDRA R. PATIL, ADVOCATE FOR SRI SRINAND A. PACHHAPURE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HOSAHALLI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN HOSAHALLI P.S. CRIME NO.194/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 303(1) OF BHARATIYA NYAYA SANHITA BY THE HOSAHALLI POLICE STATION, PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND J.M.F.C., KUDLIGI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4239 CRL.P No. 100466 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Rajendra Patil on behalf of Sri Srinand Pachhapure for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “Grant anticipatory bail to the petitioner/accused in the event of his arrest in Hosahalli P.S. Crime No.194/2024 registered for the offences punishable under Section 303(1) of Bharatiya Nyaya Sanhita by the Hosahalli Police Station, pending on the file of Court of Civil Judge and JMFC, Kudligi, in the interest of justice.” 3. Petitioner is shown as accused in respect of an offence for theft. Notice came to be issued by the investigation agency but the petitioner failed to appear before the investigation agency but there was no compliance. His request for grant of anticipatory bail is turned down by the Sessions Judge. Taking note of the attendant facts and circumstances, if the petitioner is - 3 - NC: 2025:KHC-D:4239 CRL.P No. 100466 of 2025 directed to join the interrogation by appearing before the Investigation Officer and if he is taken to custody for a limited purpose for complete custodial interrogation and thereafter enlarge the petitioner on bail, ends of justice would be met. 4. Accordingly, without expressing further opinion on the merits of the matter, the following order is passed. ORDER (i) Petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigation Officer positively on 14.03.2025 at 9.00 a.m. (iii) The Investigation Officer is at liberty to take him to custody and complete the custodial interrogation, if any, on the very same day before 6.00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigation Officer. - 4 - NC: 2025:KHC-D:4239 CRL.P No. 100466 of 2025 (iv) Petitioner shall cooperate with the investigation agency in all respects. (v) Petitioner shall mark his attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (vi) Petitioner shall attend the Court regularly. (vii) Petitioner shall not indulge in similar offences. (viii) Petitioner shall not leave the jurisdiction of Vijayanagar/Ballari District without prior permission. (ix) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 25