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2025 DAILYLAW 73702 (KAR)

ABHISHEK @ BHOOTH v. THE STATE OF KARNATAKA

CRL.P/14192/2025 · 2025-12-04

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50912 CRL.P No. 14192 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14192 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ABHISHEK @ BHOOTH S/O. ALAGHANANDHAN AGED ABOUT 25 YEARS R/AT. 15, ‘B’ BLOCK CHAMPION REEFS KGF-563 117. …PETITIONER (BY SRI CHANDAN B K, ADVOCATE FOR SRI BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY OORGAUM POLICE STATION BANGALORE REPRESENTED BY S.P.P. HIGH COURT PREMISES BANGALORE-01. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED No.1 ON BAIL IN CR.No.48/2025 AGAINST ACCUSED PERSONS FOR OFFENCE PUNISHABLE UNDER SECTIONS 189(2),115(2),123,121(1),109,352,351(2), READ WITH 190 OF BNS, 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50912 CRL.P No. 14192 of 2025 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 No.1 under Section 483 of BNS praying to grant bail in Crime No.48/2025 of Oorgaum Police Station, K.G.F, registered for offences punishable under Sections 189(2), 115(2) 132, 121(1), 109, 352, 351(2) read with Section 190 of BNS, 2023. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the accused Nos.2, 3 and 6 who are placed similar to that of this petitioner have been granted bail by this court in Criminal Petition No.12702/2025 by order dated 03.11.2025. The petitioner stating that he has been violated the externment order and he has been targeted by the police. The petitioner has been granted bail in - 3 - HC-KAR NC: 2025:KHC:50912 CRL.P No. 14192 of 2025 earlier cases and he is facing trial in those cases. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that the police constables who came to secure this petitioner, who has violated the order of externment, assaulted the police and others. First informant -Ramesh has sustained 04 injuries and another Ashok has sustained 03 injuries and out of them one injury is said to be grievous in nature. The petitioner is having criminal antecedents and he is involved in 06 cases. More so the petitioner has violated the order of externment. If the petitioner is granted bail, there are chances of he threatening the prosecution witnesses and committing similar offences. With this, she prayed to reject the petition. 5. Having heard learned counsels, the Court has perused FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:50912 CRL.P No. 14192 of 2025 6. The case of the prosecution is that the first informant -Ramesh and Ashok, who were police constables, were on duty on 08.02.2025 to secure this petitioner -accused No.1 who has violated order of externment. At that time this petitioner -accused No.1 and accused Nos.2 to 6 assaulted the said two police constables who were on duty and obstructed them from discharging their duties and attempted to kill the said Ramesh. The petitioner has been arrested on 21.08.2025 and he is in judicial custody. The Said Ramesh, police constable has sustained four simple injuries and Ashok has sustained three injuries and out of them, one injury is grievous in nature. The accused Nos. 2, 3 and 6 who are granted bail is on the ground that they are women and they are not having any criminal antecedents. The petitioner is stated to have involved in 06 cases and he is having criminal antecedents and also he has violated the order of externment. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. - 5 - HC-KAR NC: 2025:KHC:50912 CRL.P No. 14192 of 2025 In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 33 Ct.sm