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2025 DAILYLAW 58124 (KAR)

SRI. VASANTHA @ VASANTA A v. STATE OF KARNATAKA

CRL.P/14014/2025 · 2025-11-21

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48214 CRL.P No. 14014 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14014 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. VASANTHA @ VASANTA A S/O ANJANAPPA, AGED ABOUT 48 YEARS, R/O. KITTAGANAHALLI VILLAGE, K.PALASANDRA POST, GULUR HOBLI, TUMAKURU DISTRICT - 572 101. 2. MS. LAVANYA K.V. D/O VASANTHA A. AGED ABOUT 19 YEARS, R/O. KITTAGANAHALLI VILLAGE, K.PALASANDRA POST, GULUR HOBLI, TUMAKURU DISTRICT - 572 101. 3. SMT GEETHA K. W/O VASANTHA A. AGED ABOUT 39 YEARS, R/O. KITTAGANAHALLI VILLAGE, K.PALASANDRA POST, GULUR HOBLI, TUMAKURU DISTRICT - 572 101. …PETITIONERS (BY SRI. BALAGANGADHARA G.S., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48214 CRL.P No. 14014 of 2025 AND: 1. STATE OF KARNATAKA TUMAKURU RURAL POLICE, TUMAKURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CRIME NO.220/2025 BEFORE THE LEARNED I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISON) AND JMFC COURT, TUMKURU/RESPONDENT POLICE i.e, RURAL POLICE TUMAKURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 115(2), 118(1), 352, 351(2) READ WITH SECTION 3(5) OF BNS, 2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1, 3 and 4 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in respect of Crime - 3 - HC-KAR NC: 2025:KHC:48214 CRL.P No. 14014 of 2025 No.220/2025 of Tumakuru Rural Police Station, registered for offences punishable under Sections 189(2), 115(2), 118(1), 352, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioners would contend that, petitioner No.3 has filed a complaint and it came to be registered in Crime No.221/2025 against the first informant and others for offences under Sections 189(2), 115(2), 118(1), 352, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. In the said case, the accused persons have been granted anticipatory bail by the Sessions Court. In the present case, which is registered on the complaint of one Jayashree arising out of the same incident and case is registered in Crime No.220/2025 for same offences. The injured have - 4 - HC-KAR NC: 2025:KHC:48214 CRL.P No. 14014 of 2025 sustained simple injuries. There is no serious overtact is alleged against these petitioners. The alleged incident has taken place with regard to parking of vehicle on the road. The petitioners are ready to cooperate with the Police in the investigation. There are no criminal antecedents of the petitioners. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, all the three injured persons have sustained simple injuries. Out of the incident, two crimes have been registered and it is a case and a counter case. The petitioners are required for interrogation. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. As per the FIR, the incident has taken place on 03.09.2025. There was a quarrel between two groups with - 5 - HC-KAR NC: 2025:KHC:48214 CRL.P No. 14014 of 2025 regard to parking of vehicle on road. In the said quarrel, both side persons have sustained injuries. The case registered against these petitioners is in Crime No.220/2025 on the complaint of one Jayashree. Petitioner No.3 has filed a complaint and it came to be registered in Crime No.221/2025 and in the said case, the accused persons have been granted anticipatory bail. The offences alleged in both the crimes are same. The injured persons have sustained only simple injuries. As there is a case and counter case, who is the aggressor is required to be ascertained after investigation and at trial. The petitioners have undertaken to cooperate with the police in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of these petitioners. 7. Considering all the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following; - 6 - HC-KAR NC: 2025:KHC:48214 CRL.P No. 14014 of 2025 ORDER The Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.220/2025 of Tumakuru Rural Police Station and are ordered to be released on bail in the event their arrest, subject to following conditions: i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the Investigating Officer. ii) The petitioners shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioners shall cooperate with the Investigating Officer in investigation. iv) The petitioners shall appear before the Investigating Officer whenever called for. - 7 - HC-KAR NC: 2025:KHC:48214 CRL.P No. 14014 of 2025 v) The petitioners shall not directly or indirectly make any inducement of threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 32