NAGARAJ S/O TIMMAYYA UPPAR v. THE STATE OF KARNATAKA
CRL.P/101294/2025 · 2025-04-03
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4429 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4429 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5947 CRL.P No. 101294 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.101294 OF 2025 (438(CR.PC)/482(BNSS))
BETWEEN:
1. NAGARAJ S/O. TIMMAYYA UPPAR, AGE: 53 YEARS, OCC. BUSINESS, R/AT. 2ND CROSS, NEW GABBUR, NEAR RENUKACHARYA TEMPLE, HUBBALLI, DIST. DHARWAD-580020. 2. PARASHURAM S/O. NAGRAJ UPPAR, AGE: 20 YEARS, OCC. PRIVATE WORK, R/AT. 2ND CROSS, NEW GABBUR, NEAR RENUKACHARYA TEMPLE, HUBBALLI, DIST. DHARWAD-580020. …PETITIONERS (BY SRI GOURISHANKAR MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA BENDIGERI POLICE STATION, HUBBALLI REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA , DHARWAD BENCH DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONERS/ACCUSED NO.2 AND 3 ON BAIL IN THE EVENT OF THEIR ARREST TO ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 132, 109 AND 190 OF BHARATIYA NYAYA SANHITA (BNS) 2023, IN BENDIGERI P.S. CRIME NO.09/2025 PENDING ON THE FILE OF 3RD ADDL. CIVIL JUDGE (JR.DV.) AND JMFC, AT HUBBALLI. V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:21:30 +0530
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NC: 2025:KHC-D:5947 CRL.P No. 101294 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri.Gouri Shankar Mot, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent. 2. Petition is filed under Section 482 of Cr.P.C. with the following prayer:
“To grant anticipatory bail directing the respondent police to release the petitioners/accused no.2 and 3 on bail in the event of their arrest to alleged offence punishable under Sections 132, 109 and 190 of Bharatiya Nyaya Sanhita (BNS) 2023, in Bendigeri P.S. Crime No.09/2025 pending on the file of 3rd Addl. Civil Judge (Jr.Dv.) and JMFC, at Hubballi.”
3. At the outset, learned counsel for the petitioner furnishes the copy of the order passed by the coordinate Bench of this Court in Crl.P.No.101157/2025 dated 28.02.2025 in respect of accused No.1. - 3 -
NC: 2025:KHC-D:5947 CRL.P No. 101294 of 2025
4. Further, he submits that petitioners are accused Nos.2 and 3 stand on the same footing that of accused No.1. Therefore, sought for grant of anticipatory bail. 5.
Per contra, learned High Court Government Pleader opposes the bail grounds. 6. Having heard the arguments of both sides, this Court perused the order passed by the coordinate Bench of this Court on 28.02.2025 in Crl.P.No.101157/2025. 7. On such perusal, this Court is satisfied that the petitioners are entitled for an order of grant of anticipatory bail on the ground of parity. 8. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioners are directed to appear before the Investigation Officer on 17.04.2025 positively at 10.00 a.m.
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NC: 2025:KHC-D:5947 CRL.P No. 101294 of 2025
iii. Investigation Officer is at liberty to take the petitioners to custody and complete the custodial interrogation on the very same day before 5.00 p.m. iv. Thereafter, petitioners are directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- [Rupees one lakhs only] with two sureties for the likesum to the satisfaction of the Investigation Officer. v. Petitioners shall cooperate with the investigation agency in all respects. vi. Petitioners shall not directly or indirectly tamper the prosecution witnesses in any manner. vii. Petitioners shall mark their 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. - 5 -
NC: 2025:KHC-D:5947 CRL.P No. 101294 of 2025
viii. Petitioners shall attend the Court regularly. ix. Petitioners shall not leave the jurisdiction Dharwad District without prior permission. x. Petitioners shall not indulge in similar offences. Violation of any one of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE
KAV CT:PA LIST NO.: 1 SL NO.: 18