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2025 DAILYLAW 48897 (KAR)

SRI MAHESH K v. THE STATE OF KARNATAKA

CRL.P/17435/2025 · 2025-12-26

G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54814 CRL.P No. 17435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.17435 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI MAHESH K S/O KALEGOWDA, AGED ABOUT 29 YEARS R/AT KOTEHUNDI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570022 …PETITIONER (BY SRI. VINAYACHANDRA.,ADVOCATE) AND: THE STATE OF KARNATAKA JAYAPURA POLICE STATION, MYSURU DISTRICT-570008. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-1. …RESPONDENT (BY SRI. .,ADVOCATE) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST IN CRIME NO.169/2025 OF JAYAPURA POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 126(2),351(3),115(2),119(1),3(5) OF BNS 2023 PENDING ON THE FILE OF THE HONBLE 2nd JMFC COURT AT MYSURU. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54814 CRL.P No. 17435 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER The petitioner has filed this petition under section 482 of BNSS 2023, seeking anticipatory bail in the event of his arrest in Crime No.169 of 2025 of Jayapura Police Station, Mysuru for offence punishable under Sections 126(2), 351(3), 115(2), 119(1), 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 pending on the file of II JMFC Court at Mysuru. 2. The learned Counsel appearing for the petitioner submits that accused 2 and 3 have already obtained bail from the I Additional District & Sessions Judge, at Mysuru in Criminal Miscellaneous No.1906 of 2025 dated 15th December, 2025. The copy of the said order is also produced. 3. Alleged offences are not punishable with death penalty or life imprisonment and are exclusively triable by the court of Magistrate. Hence, on the principle of parity, the present accused is also entitled for bail. Accordingly, I proceed to pass the following: - 3 - HC-KAR NC: 2025:KHC:54814 CRL.P No. 17435 of 2025 O R D E R i) Criminal Petition is allowed; ii) Petitioner shall be released on bail in the event of his arrest by the respondent-Police in Connection with Crime No.169 of 2025 of Jayapura Police Station on executing a personal bond for Rs.50,000/- before the Investigating Officer with two sureties for the likesum to the satisfaction of the Investigating Officer; iii) The petitioner shall surrender before the Police within fifteen days from the date of this order; iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case, so as to dissuade him/her from disclosing such facts to the Court or to any Police Officer; v) The petitioner shall furnish the bail bond and sureties as per the order before the jurisdictional magistrate; - 4 - HC-KAR NC: 2025:KHC:54814 CRL.P No. 17435 of 2025 vi) The petitioner shall not meddle with the complainant and shall not tamper with the prosecution witnesses; vii) The petitioner shall co-operate with the Investigation Officer in the process of investigation and shall attend the police station once in a week, i.e. on every Sunday between 10.00 am and 5.00 pm till filing of final report; viii) The petitioner shall not commit similar offence; ix) Violation of any of the above conditions would entail cancellation of bail. Sd/- (G BASAVARAJA) JUDGE LNN List No.: 1 Sl No.: 26