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2025 DAILYLAW 65470 (KAR)

PRASHANTH S/O KENCHAPPA v. STATE OF KARNATAKA

CRL.P/103410/2025 · 2025-08-30

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11044 CRL.P No. 103410 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103410 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: PRASHANTH S/O KENCHAPPA, AGED ABOUT 22 YEARS, OCC. LABOURER, R/O. BENNIHALLI VILLAGE, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR-583 131. … PETITIONER (BY SRI. PRASHANT R. BADIGER, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY PSI CHIGATERI POLICE STATION, HARAPANAHALLI TALUK, DIST. VIJAYANAGAR-583 131, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD-580 011. 2. M. VANAJAKSHI W/O SHIVAKUMAR, AGED ABOUT 32 YEARS, OCC. LABOURER, R/O. BENNIHALLI VILLAGE, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR-583 131. … RESPONDENTS (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 PETITION AND GRANT THE ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED IN CHIGATERI P.S. FIR CRIME NO.22/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 137(2) OF BHARATIYA NYAYA SANHITA PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM HARAPANAHALLI. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11044 CRL.P No. 103410 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 No.1. 2. The petitioner has filed this petition under Section 482 of the BNSS, 2023, with a prayer to grant anticipatory bail to the petitioner in Crime No.22/2025 registered by Chigateri Police Station, Harapanahalli Circle, Vijayanagara for the offence punishable under Section 137(2) of the BNS, 2023. 3. Learned HCGP brings to the notice of this Court that the offence punishable under Section 137(2) of the BNS, 2023 is bailable offence and therefore, this petition cannot be maintained. 4. Under the circumstances, this Criminal Petition is dismissed as not maintainable. - 3 - HC-KAR NC: 2025:KHC-D:11044 CRL.P No. 103410 of 2025 5. Liberty is reserved to the petitioner to file fresh petition, in case need arises. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 4