SRI. NINGAPPA S/O MALLAPPA v. THE STATE OF KARNATAKA
CRL.P/101608/2025 · 2025-04-28
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50138 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50138 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6972 CRL.P No. 101608 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101608 OF 2025 (438(Cr.PC)/482(BNSS) BETWEEN:
1.
SRI. NINGAPPA S/O. MALLAPPA AGE. 49 YEARS, OCC. COOLIE, R/O. MADAPURA TANDA, TQ. HONNALI, DIST. DAVANAGERE, PIN 577001.
2.
SRI GANESH D. C/O. SHANKRAMMA AGE. 27 YEARS, OCC. COOLIE, R/O. HOSUR, TQ. SHIKARIPURA, DIST. SHIVAMOGGA, PIN 577201 …PETITIONERS (BY SRI PRAVEEN KUMAR AND SRI D.V.PATTAR, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA REPT STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH RATTIHALLI PS
…RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO GRANT THE PETITIONERS/ACCUSED NO.2 AND 3 ON ANTICIPATORY BAIL IN CR.NO.83/2024 REGISTERED BY RATTIHALLI P.S. FOR THE OFFENCE PUNISHABLE U/S 384, 420, 323 AND 324 R/W 34 OF IPC, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, HIREKERUR.
Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad
Bench
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NC: 2025:KHC-D:6972 CRL.P No. 101608 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.Praveen kumar and Sri.D.V.Pattar
learned counsel for the petitioners and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent-State.
2. Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with following prayer:
“ The petitioners/accused No.2 and 3 are most respectfully prayed that, this hon’ble court may be pleased to grant the petitioners on anticipatory bail in Cr.No.83/2024 registered by Rattihalli P.S. for the offence punishable U/s 384, 420, 323 and 324 R/W 34 of IPC, pending on the file of Civil Judge and JMFC, Hirekerur.
3. At the out set Sri.Praveen kumar, would contend that, accused No.1 who has been arrested has been granted bail by the learned trial Magistrate by order dated 06.03.2025. It is also his contention that based on
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NC: 2025:KHC-D:6972 CRL.P No. 101608 of 2025
the information furnished by the accused No.1, the present petitioners have been arrested. Therefore, on the ground of parity, the petition needs to be allowed.
4. Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent-State did not oppose the fact that the learned trial Judge granting the bail to accused No.1.
5. Taking note of the above factual aspects of the matter, following order is passed:
ORDER i. The criminal petition is allowed. ii. The Petitioners shall be enlarged on bail on executing a personal bond in a sum of Rs.50,000/- each with one sureties for the likesum to the satisfaction of the learned Trial Judge. iii. The petitioners shall not directly or indirectly tamper the prosecution evidence in any manner.
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NC: 2025:KHC-D:6972 CRL.P No. 101608 of 2025
iv. Petitioners shall not leave the jurisdiction of Haveri District without prior permission. v. Petitioners shall attend the court regularly. vi. The petitioners shall not indulge in similar offences. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly.
Sd/- (V.SRISHANANDA) JUDGE
AC CT:GSM List No.: 1 Sl No.: 33