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2025 DAILYLAW 56624 (KAR)

K A SANTHOSH KUMAR v. THE STATE OF KARNATAKA

CRL.P/13548/2025 · 2025-09-26

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39143 CRL.P No. 13548 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.13548 OF 2025 BETWEEN: K. A. SANTHOSH KUMAR S/O. APPUKUNHI AGED ABOUT 42 YEARS R/AT NETHAJI LAYOUT GONIKOPPAL, ARUVATHOKLU KODAGU DISTRICT-571 213 …PETITIONER (BY SRI LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION D.K. DISTRICT REP. BY S.P.P. HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI K. NAGESHWARAPPA, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. (UNDER SECTION 482 BNSS) PRAYING TO RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME.NO.75/2025 OF MANGALURU RURAL POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 4, 25(1B)(b) OF ARMS ACT, UNDER SECTIONS 310(4), 310(5) OF BNS, PENDING ON THE FILE OF III J.M.F.C. COURT, MANGALURU, D.K DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39143 CRL.P No. 13548 of 2025 THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for the petitioner, learned HCGP for the State and perused the material on record. 2. FIR in Cr.No.75/2025 of Mangalore Rural Police Station, is registered against accused Nos.1 to 4 and others for the offence punishable under Sections 310(4), 310(5) of BNS, 2023 and Sections 4, 25 (1B)(b) of the Arms Act, 1959. 3. This petition is Ppreferred under Section 482 of BNSS, 2023, by accused No.4 seeking anticipatory bail. 4. The first informant is the Police Sub-Inspector, City Crime Branch (CCB), Mangalore City. It is alleged that on 25.08.2025 in the early morning at about 1.00 a.m. when he and other police personnel were on rounds, near Kudupu Village, Baiturli, they saw five persons near a - 3 - HC-KAR NC: 2025:KHC:39143 CRL.P No. 13548 of 2025 white Ritz Car bearing Regn.No.KA-12 P 3759 and on seeing the police, two of them ran away from the spot. Three others were arrested and from them 3 talwars, monkey caps, mobile phones, packet of chilly powder etc., were seized. It is alleged that the accused were making preparation to commit dacoity. 5. From the material on record, it is seen that, on the voluntary statement of the accused who were arrested, petitioner has been arraigned as accused No.4 in the FIR. Except the same there is no other material against him. It is also not alleged that he was in possession of a weapon. No criminal antecedents against the petitioner has been brought to the notice of the Court, though it is contended by the learned HCGP that against the co-accused there are several criminal cases registered. Petitioner is said to be a permanent resident of Gonikoppa, Kodagu District, running a computer institute. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:39143 CRL.P No. 13548 of 2025 ORDER Petition is allowed. Petitioner/accused No.4 in Crime No.75/2025 registered by Mangalore Rural Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with a surety for the likesum. b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. - 5 - HC-KAR NC: 2025:KHC:39143 CRL.P No. 13548 of 2025 e) He shall be regular in attending the Court proceedings. I.A.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 17