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2025 DAILYLAW 36872 (KAR)

SUMANTH G v. STATE BY CHAMARAJNAGAR EAST POLICE STATION

CRL.P/114/2025 · 2025-02-28

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:8838 CRL.P No. 114 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 114 OF 2025 (438(Cr.PC)/ 482(BNSS)) BETWEEN: 1. SUMANTH G., S/O. GOVINDRAJU, AGED ABOUT 21 YEARS, 2. CHANDRASEKHARA, S/O. NAGAMALLU, AGED ABOUT 37 YEARS, 3. RAVI KUMAR, S/O NARASIMHAIAH, AGED ABOUT 43 YEARS, 4. RAJENDRA, S/O. NARASIMHAIAH, AGED ABOUT 41 YEARS, 5. GOVIND RAJU, S/O. NARASIMHAIAH, AGED ABOUT 51 YEARS, 6. MAHESH KUMAR, S/O. LATE GOVIND RAJU, AGED ABOUT 30 YEARS, ALL ARE RESIDING AT AMMANAPURA VILLAGE, KAGALAVADI POST, CHANDRAKAVADI HOBLI, CHAMARANAGARA TALUK AND DISTRICT-571441 …PETITIONERS (BY SRI. MAHESHA M., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8838 CRL.P No. 114 of 2025 AND: STATE BY CHAMARAJNAGAR EAST POLICE STATION, CHAMARAJANAGAR DISTRICT-571441, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT ANTICIPATORY BAIL, DIRECTED THE RESPONDENT POLICE TO RELEASE THEM ON BAIL, IN THE EVENT OF THEIR EAST POLICE CHAMARAJANAGAR, CHAMARAJANAGAR ARREST IN CRIME NO.192/2024 THE OFFENCE P/US/ 189(2),191(2),191(3),352,118(1),126(2) AND 115(2) R/W SEC.190 OF BNS 2023 TO THE FILE OF HONBLE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT AT CHAMARAJANAGAR AND ETC. 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 petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arrayed as accused Nos.1 to 6 respectively in Crime No.192/2024 of Chamarajanagar East Police Station, registered for offences punishable - 3 - NC: 2025:KHC:8838 CRL.P No. 114 of 2025 under Sections 189(2), 191(2), 191(3), 352, 118(1), 126(2), 115(2), 190 of the BNS, 2023. 3. In the complaint lodged by one Girish Son of P. Mahadevu, he has alleged that on 02.11.2024, the accused were bursting crackers in front of his house and when he requested them not to burst crackers, as his brother was a heart patient, they picked up quarrel with him, his father and brother-in-law and abused and assaulted them with clubs and hands and caused injuries to them. 4. The incident appears to have taken place on account of a quarrel which ensued when the accused started bursting crackers in front of the house of the complainant. The accused are alleged to have assaulted the complainant, his father and brother-in-law with clubs and hands. In respect of the very same incident, a counter case has been registered on a complaint lodged by accused No.4 against the complainant herein and 10 others. The said case is registered in Crime No.191/2024 - 4 - NC: 2025:KHC:8838 CRL.P No. 114 of 2025 for offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 115(2), 126(2), 351(2), 352 r/w Section 190 of the BNS, 2023. In the incident even accused Nos.1, 3, 4 and 5 are alleged to have sustained injuries. 5. Perused the wound certificates of the injured in the present case. The injuries are stated to be simple in nature. The petitioners have no criminal antecedents. 6. Considering the facts and circumstances, the relief sought by the petitioners can be granted by imposing conditions. Accordingly, the following: ORDER 1. Petition is allowed. 2. Petitioners/accused Nos.1 to 6 in Crime No.192/2024 registered by Chamarajanagara East 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 - 5 - NC: 2025:KHC:8838 CRL.P No. 114 of 2025 receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two sureties for the likesum. b) They shall furnish their residential address/contact number and shall inform the I.O. in case of 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. f) They shall not indulge in criminal activities. Sd/- (MOHAMMAD NAWAZ) JUDGE BN List No.: 1 Sl No.: 26