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2025 DAILYLAW 52601 (KAR)

PRUTHVIRAJ S/O PEDDANNA BETAPALLI v. THE STATE OF KARNATAKA

CRL.P/103171/2025 · 2025-08-22

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10713 CRL.P No. 103171 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103171 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PRUTHVIRAJ S/O PEDDANNA BETAPALLI, AGE 26 YEARS, OCC: PRIVATE WORK, R/O: INDIRA NAGAR, P.B.ROAD, HUBBALLI PIN CODE - 580023. … PETITIONER (BY SRI. HOLEYANNAVAR VASANT GANGADHAR, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BY HUBLI KAMARIPETH POLICE STATION, HUBLI, PINCODE – 580020. … RESPONDENT (BY SMT. KIRATILATA R.PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ORDER RELEASE OF THE PETITIONER/ACCUSED NO.1 ON BAIL IN HUBLI KAMARIPETH POLICE STATION CRIME NO.42/2025 FOR THE OFFENCE U/S 137(2), 109, 115(2), 351(2), 352, 190 OF BNS 2023, PENDING ON THE FILE OF JMFC 3 RD COURT HUBLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10713 CRL.P No. 103171 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.42 of 2025 registered by Kamaripeth Police Station, Hubli North Sub Division, Hubballi Dharwad City, for the offences punishable under Section 137(2), 109, 115(2), 351(2), 352, 190 of BNS 2023, is before this Court under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.42 of 2025 was registered by Kamaripeth Police Station, Hubli North Sub Division, Hubballi Dharwad City for the aforesaid offences against the petitioner and others, based on the first information dated 29.06.2025 received from Vinayak Venkatesh Bhandari. During the course of investigation, the petitioner was arrested on 29.06.2025 and remanded to the judicial custody. His bail application filed before the jurisdictional - 3 - HC-KAR NC: 2025:KHC-D:10713 CRL.P No. 103171 of 2025 Sessions Court in Crl.Misc.No.5427/2025 was rejected on 22nd July 2025. Therefore, he is before this Court. 4. A perusal of the FIR, dated 29.06.2025 would go to show that on the intervening night of 28.06.2025 and 29.06.2025 at about 12.30 a.m. accused Nos.1 to 4 allegedly abused the first informant and assaulted him with hands and also criminally intimidated him. It is further alleged that the accused persons assaulted the victim after removing his clothes inside a shed with a fiber pipe, and as a result, he had suffered injuries and was admitted to KIMS Hospital at Hubballi. The wound certificate of the injured victim would go to show that he has suffered simple injuries in the incident in question. The petitioner who is arraigned as accused No.1 in the FIR is in custody from 29.06.2025. The major portion of the investigation is already completed and considering the aforesaid aspects of the matter, I am of the opinion that, the prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC-D:10713 CRL.P No. 103171 of 2025 ORDER The Criminal Petition is allowed. The petitioner – accused No.1 is directed to be enlarged on bail in Crime No.42 of 2025 registered by Kamaripeth Police Station, Hubli North Sub Division, Hubballi Dharwad City, for the offences punishable under Section 137(2), 109, 115(2), 351(2), 352, 190 of BNS 2023, subject to the following conditions: (i) The petitioner – accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. - 5 - HC-KAR NC: 2025:KHC-D:10713 CRL.P No. 103171 of 2025 (v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 25