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2025 DAILYLAW 73711 (KAR)

B.N. MITHRESHA (A-8) v. THE STATE OF KARNATAKA

CRL.A/2097/2025 · 2025-11-17

G Basavaraja

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47167 CRL.A No. 2097 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2097 OF 2025 (U/S 14(A) (2)) BETWEEN: B.N. MITHRESHA (A-8) S/O LATE NAGANNA, AGED ABOUT 53 YEARS, RESIDENT OF LINGAYATHAR BEEDI, BADANAGUPPE VILLAGE, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT - 571 313 …APPELLANT (BY SRI. PAVAN KUMAR M.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHAMARAJANAGARA RURAL P.S., CHAMARAJANAGARA DISTRICT, (REP. BY THE SPP, HIGH COURT PREMISES, BENGALURU CITY - 560 001) 2. SRI. MAHADEVASWAMY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47167 CRL.A No. 2097 of 2025 S/O MAHADEVAIAH, AGED ABOUT 32 YEARS, RESIDENT OF MELAJIPURA VILLAGE, KASABA HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT - 571 313. …RESPONDENTS (BY KUM. ASMA KOUSER, ADDL. SPP FOR R1; VIDE ORDER DATED 17.11.25, R2 IS SERVED AND UNREPRESENTED) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER IN CRL.MISC.NO.354/2025 ON 18.09.2025 PASSED BY THE PRL. DISTRICT AND SESSIONS COURT, CHAMARAJANAGARA DISTRICT IN CR.NO.167/2025 OF CHAMARAJANAGARA RURAL P.S., FOR THE OFFENCES P/U/S 191, 417, 419, 420, 468, 471 OF IPC, U/S 3(1)(f) OF SC/ST (POA) ACT, 1989 AND ENLARGE HIM ON ANTICIPATORY BAIL IN CR.NO.167/2025 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS COURT, CHAMARAJANAGARA DISTRICT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:47167 CRL.A No. 2097 of 2025 ORAL JUDGMENT The appellant/accused No.8 Sri. Mithresh preferred this appeal against the order passed by the Principal District and Sessions Judge, Chamarajanagara in Criminal Misc. No.354/2025 dated 18.09.2025. 2. It is submitted by the learned counsel for the appellant that this Court has already granted bail to accused Nos.1 and 2 in Criminal Appeal No.1999/2025 dated 13.11.2025. In this case, the copy of this order is already produced. 3. The role of the accused is that he is a deed writer and he has prepared the sale deed except this allegation, absolutely there are no allegation against this accused. Since this Court has granted bail to the prime accused the present appellant is also entitled for bail, on the ground of parity. 4. Accordingly, I proceed to pass the following:- - 4 - HC-KAR NC: 2025:KHC:47167 CRL.A No. 2097 of 2025 ORDER (i) The appeal is allowed. (ii) The order dated 18.09.2025 passed in Criminal Misc.No.354/2025 by the Principal District and Sessions Judge, Chamarajanagara is set aside. (iii) Consequently, application filed under Section 482 of Code of Criminal Procedure is allowed. (iv) Appellant/accused No.8 shall be released on bail subject to executing a self-bond for Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer, in the event of their arrest in Crime No.167/2025 of Chamarajanagar Rural Police Station. (v) Appellant/accused No.8 shall not tamper or threaten the prosecution witnesses in any manner. (vi) Appellant/accused No.8 shall assist the investigating officer in investigation. Sd/- (G BASAVARAJA) JUDGE VS List No.: 1 Sl No.: 10