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2025 DAILYLAW 45451 (KAR)

SHANKARA v. THE STATE OF KARNATAKA

CRL.P/14739/2025 · 2025-11-25

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48652 CRL.P No. 14739 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14739 OF 2025 BETWEEN: 1. SHANKARA S/O PUTTA PAPA, AGED ABOUT 47 YEARS, 2. LAKSHMI, W/O SHANKARA, AGED ABOUT 39 YEARS, 3. MAHADEVA NAYAKA, S/O KAMBESHANNA, AGED ABOUT 49 YEARS, 4. SHIVANNA, S/O LATE. SIDDASIDDA, AGED ABOUT 26 YEARS, 5. ERANNA, S/O PUTTA PAPA, AGED ABOUT 34 YEARS, ALL ARE RESIDING AT RAMENAHALLI VILLAGE, YELAWALA HOBLI, MYSURU TALUK, MYSURU DISTRICT - 571 130. …PETITIONERS (BY SRI. GOVIND BHARATH M.V., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48652 CRL.P No. 14739 of 2025 AND: 1. THE STATE OF KARNATAKA REPTD BY STATION HOUSE OFFICER, YELAWALA POLICE STATION, HUNSUR SUB-DIVISION, HUNSURU, MYSURU DISTRICT - 571604. THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A) ALLOW THE PETITION AND ORDER TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.118/2025 OF YELAWALA P.S., MYSURU, FOR THE OFFENCES P/U/S 189(2), 191(2), 352, 126(2), 115(2), 118(1), 351(2), 190 OF BNS, 2023, PENDING ON THE FILE OF THE HONBLE II JMFC COURT, MYSURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR NC: 2025:KHC:48652 CRL.P No. 14739 of 2025 ORAL ORDER This petition is filed by the accused No. 1 to 5 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in respect of Crime No. 118/2025 of Yelawala Police Station, Mysuru, registered for offences punishable under Sections 189(2), 191(2), 352, 126(2), 115(2), 118(1), 351(2) and 190 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that there was a quarrel between petitioners and complainant and others on 30.04.2025 at about 5.30 p.m. In the said quarrel the petitioners have also sustained injuries and complainant, complainant's relatives have also sustained injuries. There is a case and counter case. The counter case is also registered in Crime No.119/2025 for - 4 - HC-KAR NC: 2025:KHC:48652 CRL.P No. 14739 of 2025 same offences. In the counter case, the accused persons have been granted anticipatory bail in the Sessions Court, The petitioners are ready to co-operate with the police in investigation and abide by the conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that in the incident, three persons have sustained injuries. The assault is made by wooden club and stone. The petitioners are absconding. The investigation is over and charge sheet has been filed. With this, he prayed to reject of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. With regard to incident dated 30.04.2025 taken place at 5.30 p.m., two cases are registered, one in Crime No.118/2025 and another in Crime No.119/2025. The - 5 - HC-KAR NC: 2025:KHC:48652 CRL.P No. 14739 of 2025 petitioners have sought for anticipatory bail in respect of Crime No.118/2025. The accused persons in Crime No.119/2025 registered for similar offences to that of the present case, have been granted anticipatory bail by the Sessions Court. There was a civil dispute among the petitioners and complainant and her family members. The injured have been discharged from the hospital. The petitioners have undertaken to co-operate with the police in further investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioners are ordered to be released on bail in the event of their arrest - 6 - HC-KAR NC: 2025:KHC:48652 CRL.P No. 14739 of 2025 in Crime No.118/2025 of Yelawala Police Station, Mysuru, subject to following conditions: i) The petitioners shall voluntarily appear before the Jurisdictional Court/Investigating Officer within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the Jurisdictional Court/ Investigating Officer. ii) The petitioners shall not tamper the prosecution witnesses directly or indirectly. iii) The petitioners shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PSJ List No.: 1 Sl No.: 2