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2025 DAILYLAW 69493 (KAR)

RAVI v. THE STATE OF KARNATAKA

CRL.P/13555/2025 · 2025-11-04

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44247 CRL.P No. 13555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13555 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. RAVI S/O SHREENIVASA SHETTY AGE ABOUT 38 YEARS R/AT HEMARAGALLA VILLAGE NANJANGUD TALUK MYSURU DISTRICT - 571 312. …PETITIONER (BY SRI K A CHANDRASHEKARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF KOWLANDE POLICE STATION MYSURU DISTRICT - 571 312. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) Cr.P.C PRAYING TO GRANT HIM ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME No.116/2025 OF KOWLANDE POLICE STATION, MYSURU DISTRICT, NOW PENDING ON THE FILE OF THE LEARNED ADDL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, NANJANGUD, MYSURU Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44247 CRL.P No. 13555 of 2025 DISTRICT REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 352, 126(2), 115(2), 118(1) AND 351(2) OF BNS 2023. THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the sole accused under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in crime No. 116/2025 of Kowlande Police Station registered for offence under Sections 352, 126(2), 115(2), 118(1) and 351(2) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’). 2. Heard learned counsel for petitioner and learned Additional SPP for respondent – State. 3. Learned counsel for petitioner would contend that complaint has been filed by the father of the injured. The alleged incident has taken place in a sudden quarrel. Injured has been discharged from the hospital and he is out of danger. There are no bad antecedents of the - 3 - HC-KAR NC: 2025:KHC:44247 CRL.P No. 13555 of 2025 petitioner. Knife has been seized from the spot. Petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the wound certificate indicate that stab injury on the abdomen of the injured. Injured was admitted in the hospital for more than one month. The Doctor who issued the wound certificate has opined that injury sustained by the injured – Harish is grievous injury. The body part on which the injury has been caused is abdomen and it is vital part. Considering the same, the intention of the petitioner is clear that he attempted to commit murder of the injured. There are two eye witnesses to the incident. The Investigating Officer has filed requisition to include offence under Section 109 of BNS. Petitioner is absconding and he is required for custodial interrogation. Offence alleged against the petitioner is punishable with either death or imprisonment for life. With this, she prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:44247 CRL.P No. 13555 of 2025 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint, wound certificate and other materials placed on record. 6. On the first information filed by one Javarashetty - father of the injured, case came to be registered in crime No. 116/2025 of Kowlande Police Station for the aforesaid offences. As per the averments of the first information petitioner - accused had quarreled with the injured – Harish and assaulted him with a knife on his abdomen, caused bleeding injury, threw the knife and went away. Petitioner has done so thinking that the injured was staring at his wife with bad intention. Wound certificate made available by the learned Additional SPP indicate that the injured had sustained stab injury measuring 2.4 CM X 0.5 CM on the abdomen and opined it to be grievous in nature. Considering the part of the body on which injury was caused and the weapon used the intention of the petitioner can be gathered. The petitioner and with an intention to kill the injured petitioner had - 5 - HC-KAR NC: 2025:KHC:44247 CRL.P No. 13555 of 2025 stabbed him with a knife on his stomach which is a vital part of the body. The Investigating Officer has filed a requisition to include offence under Section 109 of BNS. Punishment provided for the said offence is imprisonment for life. Petitioner is absconding. Investigation is in progress. Considering all these aspects, petitioner is not entitled for the discretionary relief of anticipatory bail. 7. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 4 Ct.sm