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2025 DAILYLAW 39728 (KAR)

RAVIKUMARA H B v. STATE BY

CRL.P/15194/2025 · 2025-12-11

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15194 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: 1. RAVIKUMARA H.B, S/O LATE BETTAIAH @ BETTASWAMY, AGED 40 YEARS, 2. RAJU @ GIRISHA H.B. S/O BETTAIAH @ BETTASWAMY, AGED 35 YEARS, 3. NAGARAJU, S/O DODDAMARIYANNA, AGED 61 YEARS, 4. RANGAPPA, S/O CHIKKANINGAPPA, AGED 52 YEARS, 5. DEVARAJU H.B. S/O BETTAIH, AGED 35 YEARS, 6. ANIL KUMAR, S/O H.C. KRISHNAPPA AGED 40 YEARS, 7. H.D. SURESH, S/O MARIYANNA, AGED 49 YEARS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 8. KRISHNAPPA, S/O LATE DODDAMARIYANNA, AGED 49 YEARS, 9. MANJUNATHA H.N. S/O NAGARAJU H.D. AGED 33 YEARS, 10. BHARATHA H.S. S/O SURESH H.D. AGED 25 YEARS, 11. MUNESH S/O H.D. KRISHNAPPA, AGED 24 YEARS, 12. NAGARAJU S/O BETTALAH, AGED 43 YEARS, 13. SMT. SAROJAMMA, W/O NAGARAJU, AGED 54 YEARS, 14. SMT. DODDAMANI, W/O. KRISHNAPPA, AGED 46 YEARS, ALL ARE RESIDING AT HARIDEVANAHALLI VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMAKURU - 572 220. …PETITIONERS (BY SRI. RANGANATH REDDY, ADVOCATE FOR SRI. HARISH C.S., ADVOCATE) AND: STATE BY CHANDRASHEKARAPURA POLICE STATION, GUBBI CIRCLE, TUMAKURU DISTRICT - 3 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS BY DIRECTING THE STATION HOUSE OFFICER OR ANY OTHER POLICE OFFICER IN CRIME NO.117/2025 OF CHANDRASHEKARAPURA POLICE STATION, GUBBI CIRCLE, TUMAKURU, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, GUBBI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 190, 118(1), 115(2), 74, 324(4), 351(2)(3) AND 352 OF BNS, 2023, TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 to 14 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.117/2025 of - 4 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 Chandrashekarpura Police Station registered for offences punishable under Sections 189(2), 190, 118(1), 115(2), 74, 324(4), 351(2)(3) and 352 of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioners would contend that, there was a civil dispute pending between the petitioner No.2 and the complainant's husband and others in O.S.No.437/2024 and in which an exparte temporary injunction has been granted in favour of the petitioner No.2. Three injured persons have sustained only simple injuries. There is no allegation in the averments of the complaint of outraging the modesty of the complainant. As the major portion of the investigation is over, the petitioners are not required for custodial interrogation. With these, he prayed to allow the petition. - 5 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the statement of complainant and injured Mani have been recorded under Section 183 of BNSS, wherein they have specifically stated the overtact of each of the petitioners. The petitioners have assaulted with edamatte and stick on the injured and caused injuries. The petitioners are having criminal antecedents involved in three crimes and three NCRs are also registered against them. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record. 6. On the complaint of one Sindhu, wife of Bettaswamy, a case came to be registered against the petitioners in Crime No.117/2025 of Chandrashekarpura Police Station for the aforesaid offences. The allegation in the complaint is that, when one Srinivas came to the land - 6 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 for plucking the coconut as he has purchased them from the complainant, the petitioners are stated to have came to the spot assaulted Srinivas, the complainant, and Mani who came to pacify the quarrel and caused injuries. On perusal of the wound certificate it indicates that, the said three persons have sustained simple injuries. There is a civil dispute between petitioner No.2 and husband of the complainant in O.S.No.437/2024 and in the said suit, an exparte temporary injunction has been granted in favour of petitioner No.2. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners have undertaken to co-operate with the Police in the investigation and abide by any conditions to be imposed by this Court. 7. Considering all the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following; - 7 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 ORDER The Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.117/2025 of Chandrashekarpura Police Station and are ordered to be released on bail in the event their arrest, subject to following conditions: i) 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 like-sum to the satisfaction of the Investigating Officer. ii) The petitioners shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioners shall cooperate with the Investigating Officer in investigation. iv) The petitioners shall appear before the Investigating Officer whenever called for. - 8 - HC-KAR NC: 2025:KHC:52482 CRL.P No. 15194 of 2025 v) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any Police Officer of tamper with the evidence. vi) The petitioners shall appear before the Jurisdictional Police Station on first and third Sunday of every month, for a period of two months or till the filing of the final report, whichever is earlier. vii) The petitioners shall not involve in commission of any offence. If the petitioners are involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 10