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2025 DAILYLAW 35852 (KAR)

SUDEEP v. STATE OF KARNATAKA

CRL.P/12996/2024 · 2025-01-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:935 CRL.P No. 12996 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12996 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: * SUDEEP S/O LAKSHMANA K.J., AGED ABOUT 23 YEARS, KUMBARA KOPPALU VILLAGE, KR NAGARA TALUK, MYSURU DIST 571 602 …PETITIONER (BY SRI. SHARATH J.M., ADVOCATE) AND: STATE OF KARNATAKA BY K.R. NAGAR POLICE STATION MYSURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA AT BENGALURU-560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST, WHO IS THE ACCUSED NO.1 IN CR.NO.308/2024 ON THE FILE OF RESPONDENT K.R. NAGAR POLICE, NOW PENDING ON PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, * Corrected vide Court Order dated 25.2.2025. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:935 CRL.P No. 12996 of 2024 MYSORE DISTRICT, FOR THE OFFENCE P/U/S 132, 3(5) OF BNS, 2023 IN THE RESPECT OF THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned High Court Government Pleader for the State and perused the material on record. 2. It is the case of prosecution that on 06.09.2024 at about 9.45 p.m., the complainant received an information about two persons quarelling with each other in front of Shiva Shakthi Wine Store, K.R.Nagar. As such, he went to the spot in his vehicle and when he tried to nab them, one of them, i.e., the petitioner herein held his neck and pushed him and also assaulted with hands and prevented him from discharging his duty etc. 3. Learned counsel for the petitioner would contend that the petitioner is innocent and the Police have filed a false - 3 - NC: 2025:KHC:935 CRL.P No. 12996 of 2024 case against him. Petitioner has no criminal antecedents and he is ready to co-operate with the investigation of the case. He further contended that if the relief sought for is not granted, petitioner will be subjected to torture by the Police in the guise of investigation. 4. Learned High Court Government Pleader has contended that there are eye-witnesses and therefore, there is a prima facie case against the petitioner and in case the relief is granted, petitioner will abscond and may not co-operate with the investigation of the case. 5. The complainant is none other than a Head Constable. The incident is alleged to have taken place on 06.09.2024 at about 9.45 p.m. The complaint is lodged on the next day at about 8.00 a.m. F.I.R reached the Magistrate at 2.25 p.m. Nothing prevented the complainant to lodge a complaint immediately. It is not his case that he has sustained any serious injuries in the incident. The allegations have to be proved in due course in accordance with law. Petitioner has no criminal - 4 - NC: 2025:KHC:935 CRL.P No. 12996 of 2024 antecedents. Hence, by imposing conditions, the relief sought can be granted. 6. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.308/2024 registered by K.R.Nagar Police Station, shall be released on bail in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with a surety for likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. - 5 - NC: 2025:KHC:935 CRL.P No. 12996 of 2024 c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE BNV List No.: 1 Sl No.: 40