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2025 DAILYLAW 53158 (KAR)

VIDYADHAR S/O NAGO NAGEKAR v. STATE OF KARNATAKA

CRL.P/102729/2025 · 2025-07-29

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9316 CRL.P No. 102729 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102729 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: VIDYADHAR S/O NAGO NAGEKAR, AGED 59 YEARS, OCC: FISHERMAN, R/O: JADAKI, KINNAR, TQ: KARWAR, DIST: UTTAR KANNADA-581 339. … PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH KARAWAR RURAL P.S., UTTAR KANNADA-581 339. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO DIRECT THE KARWAR RURAL POLICE TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL IN THE EVENT OF HIS ARREST IN RESPECT OF KARWAR RURAL PS CRIME NO.0033/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 325 OF BNS, ON SUCH TERMS AND CONDITIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9316 CRL.P No. 102729 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.33/2025 registered by Karwar Rural Police Station, Uttara Kannada District for the offences punishable under Section 325 of Bharatiya Nyaya Sanhita, 2023 and Section 135 of Electricity Act, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.33/2025 was registered by Karwar Rural Police Station, Uttara Kannada District initially for the offence punishable under Section 325 of Bharatiya Nyaya Sanhita, 2023, against the petitioner based on the first information dated 03.06.2025 received from Surekha Suresh Pednekar. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.216/2025 before the jurisdictional Sessions Court which was rejected on 25.06.2025. Therefore, he is before this Court. 4. In the first information which is submitted by Surekha Suresh Pednekar, it is alleged that her buffaloes,w - 3 - HC-KAR NC: 2025:KHC-D:9316 CRL.P No. 102729 of 2025 hich had gone out for grazing, had come in contact with live electricity which was illegally connected by the petitioner to the fence of his property and as a result, her buffalo had died. It is stated that petitioner had given illegal electricity connection to the fence of his property since wild boars were destroying crops in his property. Petitioner, who is an agriculturist, has no other criminal antecedent. The maximum punishment for the alleged offence is imprisonment for a period of five years. He has undertaken to cooperate with the Police for the purpose of investigation and thereore the prayer made for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.33/2025 registered by Karwar Rural Police Station for the offences punishable under Section 325 of Bharatiya Nyaya Sanhita, 2023 and Section 135 of Electricity Act, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC-D:9316 CRL.P No. 102729 of 2025 i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 32