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2025 DAILYLAW 76651 (KAR)

SUNIL N v. STATE OF KARNATAKA BY

CRL.P/14261/2025 · 2025-11-07

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45265 CRL.P No. 14261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14261 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SUNIL N S/O NAGARAJU AGED ABOUT 33 YEARS R/AT No.127, NELAMANGALA JAKKASANDRA COLONY BENGALURU RURAL – 562 123. …PETITIONER (BY SRI VIJAY GOWDA L, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA RURAL P. S. REPRESENTED BY LD. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST OF THE PETITIONER IN CR.No.281/2025 OF NELAMANGALA RURAL P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 351(2), 352, 190 OF BNS, 2023, PENDING BEFORE THE Digitally signed by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45265 CRL.P No. 14261 of 2025 HONBLE PRL. CIVIL JUDGE (JR.DN) AND JMFC, AT NELAMANGALA. 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. 8 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.281/2025 of Nelamangala Rural Police registered for offences punishable under Section 109(1), 115(2), 118(1), 351(2), 352 and 190 of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for the petitioner would contend that the name of this petitioner has not been stated in the complaint and FIR. His name has been inserted in the remand application and therefore, he apprehends arrest. There is no overt act alleged against this petitioner. The - 3 - HC-KAR NC: 2025:KHC:45265 CRL.P No. 14261 of 2025 petitioner is ready to co-operate with the police in the investigation. With these he prayed to allow the petition. 4. Per contra, learned HCGP would contend that investigation is in progress and this petitioner is absconding. His presence is required for investigation. With these prayed for rejection of the petition. 5. Having heard the learned counsels, this Court perused the complaint and other materials placed on record. 6. A perusal of the complaint filed by one Girish.R indicates that, accused No.1 assaulted the complainant with knife on his chest and back and also assaulted other two persons who came to rescue Girish. The name of this petitioner is not mentioned in the FIR and complaint. The name of this petitioner is mentioned in the remand application. There is no overt act alleged against this petitioner. The petitioner is ready to co-operate with the police in the investigation and abide by terms and - 4 - HC-KAR NC: 2025:KHC:45265 CRL.P No. 14261 of 2025 conditions to be imposed by this Court. The offences alleged are not punishable either with death or imprisonment for life. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Crime No.281/2025 of Nelamangala Rural Police Station subject to following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer. (ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute the bail bond and furnish surety bonds. - 5 - HC-KAR NC: 2025:KHC:45265 CRL.P No. 14261 of 2025 (iii) The petitioner shall co-operate with the police in investigation. (iv) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (v) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal . Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 19 Ct.sm