MURALI. M v. THE STATE BY P.S.I. BASAVANAGARA POLICE STATION
CRL.P/13716/2024 · 2025-01-08
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36308 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36308 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:511 CRL.P No. 13716 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13716 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
MURALI M S/O A. MALATHESHA, AGED 26 YEARS, OCC: COOLIE, R/O DEVARAJ URS LAYOUT, 'C' BLOCK, NEAR SWIMMING POOL, DAVANAGERE-577 002.
2.
PARASHURAMA S @ PARASA S/O P. SHRIDARA, AGED ABOUT 24 YEARS, OCC: COOLIE, R/O 1ST CROSS, JALINAGARA, BESIDE DRAIN, DAVANAGERE-577 001. …PETITIONERS (BY SRI. G.J.SUNKAPUR, ADVOCATE) AND:
THE STATE BY P.S.I.
BASAVANAGARA POLICE STATION, DAVANAGERE REPT. BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:511 CRL.P No. 13716 of 2024
BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATI, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.102/2024 (REGISTERED BY BASAVANAGARA POLICE STATION, DAVANAGERE) UNDER SECTION 309(6), 310(2), OF THE BHARATIYA NYAYA SANHITA (BNS) 2023, PENDING ON THE FILE OF THE LEARNED 1ST ADDITIONAL CIVIL JUDGE AND JMFC COURT, DAVANAGERE DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners/accused Nos.3 and 4 as per remand application dated 21.10.2024 have preferred this petition under Section 482 of BNSS, 2023 praying to enlarge them on anticipatory bail in Crime No.102/2024 of Basavanagara Police Station registered for the offence punishable under Section 309(6), 310(2) of BNS, 2023.
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NC: 2025:KHC:511 CRL.P No. 13716 of 2024
2. Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record.
3. It is alleged by the complainant by name Om Ganesh son of Jaydhar Kallatti that on 20.10.2024 when he was proceeding in a omni vehicle bearing Registration No.KA-17-P-8030 along with one Parashurama Hadimani, near Double Road in Devaraj Urs Badavane, two persons followed them in a Deo motorbike and waylaid them. They picked up quarrel with them saying that they overtook their vehicle and the pillion rider of the said motorcycle fisted Parashurama Hadimani and the rider of the motorcycle assaulted him near his right eye. Thereafter, they secured four more persons and all of them assaulted them with hands and kicked them etc., and also took away a Vivo company mobile phone with airtel sim No.9880745580 valued at Rs.20,000/-.
4. FIR is registered against six unknown persons aged about 20 to 25. Accused Nos.1 and 2 came to be
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NC: 2025:KHC:511 CRL.P No. 13716 of 2024
arrested on 21.10.2024. It appears that on the voluntary statement of the said accused present petitioners are arraigned as accused Nos.3 and 4 in the remand application. Accused Nos.1 and 2 have been enlarged on bail by the learned Sessions Judge in Crl.Misc. No.1071/2024 dated 07.11.2024. No criminal antecedents against the petitioners are brought to the notice of the Court. Petitioners have undertaken to cooperate with the investigation of the case. Hence by imposing necessary conditions, relief sought by the petitioners can be granted. Accordingly, the following:
ORDER Petition is allowed.
Petitioner/accused Nos.3 and 4 in Crime No.102/2024 registered by Basavanagara Police Station, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall
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NC: 2025:KHC:511 CRL.P No. 13716 of 2024
execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with a surety for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB/- List No.: 1 Sl No.: 43