Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30270 CRL.P No. 9930 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9930 OF 2025 BETWEEN:
1.
MOHAN KUMAR. H S/O. HANUMANTEGOWDA, AGED ABOUT 40 YEARS, R/AT.NO.48, KODISHETTYPURA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807.
2.
SINGEGOWDA @ SINGAPPA S/O THIMMEGOWDA, AGED ABOUT 62 YEARS, RESIDING AT MADEGOWDANAKOPPALU VILLAGE, MANDYA TALUK AND DISTRICT. &PETITIONERS (BY SRI. ARUN G, ADVOCATE) AND:
STATE BY KARNATAKA PANDAVAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE. &RESPONDENT (BY SRI. NAGESWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 482 BNSS PRAYING TO RELEASE THE PETITIONERS/ACCUSED NOS.1 AND 2 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.164/2025 REGISTERED FOR THE ALLEGED OFFENCES P/U/S 352, 118(1), 351(3), 54, 109 R/W 3(5) OF BNS 2023 WHICH IS FINDING ON THE FILE OF CIVIL JUDGE (JR.DN) AND J.M.F.C COURT PANDAVAPURA, MANDYA.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30270 CRL.P No. 9930 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard both sides and perused the material on record.
2. Petitioners are arraigned as accused Nos.1 and 2 in Crime No.164/25 of Pandavapura Police Station registered for the offences under Section 352, 118(1), 351(3), 54, 109, 3(5) of Bharatiya Nyaya Sanhita (BNS),
2023.
3. This petition under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 is preferred by the petitioners seeking anticipatory bail.
4. Perusal of the complaint lodged by one Devegowda S/o late Chikkaaidegowda, would reveal that, there is a property dispute between the parties and the complainant's mother by name Smt.Channamma has filed
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HC-KAR NC: 2025:KHC:30270 CRL.P No. 9930 of 2025
a case in the Court of Sub-Divisional Magistrate, Pandavapura. On 19.06.2025, the complainant along with his maternal uncle-Ramegowda, had been to attend the case. His mother-Channamma and petitioners, who are his nephew and another relative, also came to attend the case. After attending the case, when the complainant was coming out, petitioner No.1 (accused No.1) allegedly abused him in a vulgar language and assaulted him with an iron rod on his head and back and petitioner No.2 (accused No.2) is alleged to have instigated petitioner No.1.
5. Parties are closely related to each other. The offence is allegedly committed on account of property dispute. On a perusal of the wound certificate of the injured, he has suffered one simple injury i.e., laceration on frontal region of the head. Petitioners have no criminal antecedents. They have undertaken to co-operate with the investigation of the case. Their custodial interrogation may not be necessary in the facts and circumstances of
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HC-KAR NC: 2025:KHC:30270 CRL.P No. 9930 of 2025
the case. Hence, by imposing conditions, relief sought in the petition can be granted. Hence, the following:
ORDER 1) Petition is allowed; 2) Petitioners No.1 and 2 in Crime No.164/2025 of Pandavapura Police Station, Mandya, shall be released, in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one Lakh only) each, with two sureties for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) They shall co-operate with the investigation and shall be available for
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HC-KAR NC: 2025:KHC:30270 CRL.P No. 9930 of 2025
investigation of the case as and when required. d) They shall not leave the jurisdiction of the trial court without prior permission till the completion of investigation. e) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. f) They shall not indulge themselves in committing any offence. g) They shall be regular in attending the Court proceedings.
Violation of above condition/s shall result in cancellation of bail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
rs List No.: 1 Sl No.: 46