Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44633 CRL.P No. 13622 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13622 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
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RAMASWAMY D N S/O NANJEGOWDA AGED ABOUT 46 YEAR R/O DEVIGERE VILLAGE CHANNARAYAPATNA TALUK HASSAN TALUK – 573 116. …PETITIONER
(BY SRI KIRAN S JAWALI SENIOR ADVOCATE SRI GIRISHA J T, ADVOCATE)
AND:
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STATE OF KARNATAKA BY CHANNARAYAPATNA RURAL P S REP. BY SPP, HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.No.169/2025 OF CHANNARAYAPATNA RURAL P.S., PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352,351(2),351(3),118(1),109 OF THE BNS, 2023.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44633 CRL.P No. 13622 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 the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.169/2025 of Channarayapatna Rural Police Station registered for offences punishable under Sections 352, 351(2), 351(3), 118(1) and 109 of BNS. 2. Heard learned Senior Counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned Senior Counsel for the petitioner would contend that both petitioner and the injured are public servants and there were differences between them with regard to election. He further submits that the alleged incident has taken place in a sudden quarrel and there was no intention on the part of the petitioner to cause injury to the injured. The injured has been discharged from the hospital and there is no danger to his life. The petitioner is
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HC-KAR NC: 2025:KHC:44633 CRL.P No. 13622 of 2025
a public servant and if he is arrested, he will lose his job. The petitioner is ready to co-operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition and grant of anticipatory bail to the petitioner. 4. Per contra, learned Additional SPP for the respondent -State would contend that in the incident, the petitioner has assaulted the injured, he has sustained three injuries. Out of them, two are stated to be grievous in nature. There are three eyewitnesses to the incident. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With this, she prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 6. As per first information, the incident has taken place in the house of one Ramu when petitioner and the injured have attended a dinner in that house. The incident
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HC-KAR NC: 2025:KHC:44633 CRL.P No. 13622 of 2025
has taken place when the said Ramu suggested compromise between petitioner and the injured with regard to their earlier differences and at that time the petitioner stated to have assaulted the injured with bottle on his head and caused injury. On perusal of the injury certificate, the injured has sustained three injuries.
Out of them, one is simple and the other two are stated to be grievous in nature. The weapon stated to have been used by the petitioner to assault the injured is bottle and at this stage it cannot be said that it is a deadly weapon. The injured has taken treatment and now he has been discharged and there is no danger to his life. The petitioner is a government servant working as PDO. Therefore, he can be easily secured for investigation. If the petitioner is arrested and remanded to judicial custody, he will lose his job. The petitioner has undertaken to co-operate with Investigating Officer in investigation and abide by terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. - 5 -
HC-KAR NC: 2025:KHC:44633 CRL.P No. 13622 of 2025
Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following
ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.169/2025 of Channarayapatna Rural Police Station subject to following conditions; a) The petitioner -accused shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused shall co-operate with the police in investigation. c) The petitioner -accused shall not threatened the injured and other prosecution witnesses.
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HC-KAR NC: 2025:KHC:44633 CRL.P No. 13622 of 2025
d) The petitioner -accused shall appear before the trial Court on all dates hearing unless exempted and co-operative for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 14 Ct.sm