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2025 DAILYLAW 64715 (KAR)

VIJAYAKUMAR YALLAPPA GUDASALAMANI v. THE STATE OF KARNATAKA

CRL.P/103820/2025 · 2025-09-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12672 CRL.P No. 103820 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103820 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: VIJAYAKUMAR YALLAPPA GUDASALAMANI S/O. LATE YALLAPPA GUDASALAMANI, AGED ABOUT 29 YEARS, OCC. COOLIE, R/AT: CHINCHALI, TQ. AND DIST. GADAG-582 117, NOW R/AT: BENGALURU. … PETITIONER (BY SRI. RAGHAVENDRA S. AND SRI. SACHIN BHARAT, ADVOCATES) AND: THE STATE OF KARNATAKA, MULGUND POLICE STATION, GADAG, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ALLOW THE PRESENT PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.49 IN CONNECTION WITH C.C. NO.128/2018 AND NOW ACCUSED NO.2 IN C.C. NO.35/2025, CURRENTLY PENDING BEFORE THE COURT OF THE II ADDL. CIVIL JUDGE AND JMFC II COURT AT GADAG, BOTH EMANATING FROM CRIME NO.74/2017 REGISTERED AT MULAGUND POLICE STATION, GADAG DISTRICT, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 353 AND 504 R/W SECTION 149 OF THE IPC, 1860. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12672 CRL.P No. 103820 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned HCGP is directed to take notice for respondent. 2. The petitioner is before this Court under Section 482 of the BNSS, 2023 seeking anticipatory bail in C.C. No.35 of 2025 arising out of Crime No.74 of 2017 registered by Mulagund Police Station, Gadag District for the offences punishable under Sections 143, 147, 148, 323, 324, 353, 504 read with Section 149 of the IPC. 3. Perusal of the material on record would go to show that the petitioner was earlier granted anticipatory bail in this case by the jurisdictional Sessions Court in Crl. Misc. No.278 of 2022, which was disposed of on 03.08.2022. For the reason that the petitioner had not appeared before the trial Court on the regular dates of hearing, a split-up case was registered against him and - 3 - HC-KAR NC: 2025:KHC-D:12672 CRL.P No. 103820 of 2025 coercive steps were taken to secure his presence. Therefore, the petitioner had filed a fresh anticipatory bail application before the jurisdictional Sessions Court in Crl. Misc. No.153 of 2025, which was rejected on 28.04.2025. Perusal of the material on record would go to show that the proclamation orders have been already issued against the petitioner. 4. Be that as it may, the fact remains that on the merits of the case the petitioner was earlier granted anticipatory bail in the present case and therefore, his second petition seeking anticipatory bail in this case cannot be maintained. Accordingly, the Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 7