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2025 DAILYLAW 79843 (KAR)

SRI BHARATH RAJ B v. THE STATE OF KARNATAKA

CRL.P/13225/2025 · 2025-09-17

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37473 CRL.P No. 13225 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13225 OF 2025 BETWEEN: SRI BHARATH RAJ. B S/O SESAPPA, AGED ABOUT 36 YEARS, R/AT D NO 1-103/5, PELAPADY HOUSE, NEAR POLALI DWARA, PUDU VILLAGE, BANTWAL TALUK, PIN CODE 574 143. …PETITIONER (BY SRI. NISHANTH S K.,ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH BANTWALA RURAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU 560001 …RESPONDENT (BY SRI. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND DIRECT THE RESPONDENT BANTWAL RURAL P.S TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.54/2025 REGISTERED WITH THE RESPONDENT BANTWAL RURAL P.S FOR OFFENCES P/U/S 103, 109, 118(1), 118(2), 191(1), 192(2), 191(3) R/W 190 OF BNS PENDING ON THE FILE OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37473 CRL.P No. 13225 of 2025 THE LEARNED ADDL.CIVIL JUDGE AND JMFC COURT BANGWALA, DAKSHINA KANNADA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned senior counsel Arun Shyam, appearing for Nishanth. S. K., learned counsel for the petitioner has filed a memo which reads as under: "The Petitioner has now learnt that the Respondent Police have filed a charge sheet by arraying him as Accused No. 6 and the matter has been committed to the learned Sessions Court. Therefore, he seeks leave of this Hon'ble Court to withdraw the aforementioned anticipatory bail petition. It is further submitted that the Petitioner is currently facing a serious life threat from the Respondent Police, and there is a credible apprehension that the police officers may attempt to carry out a fake encounter under the guise of official duty. In addition to the threat of an encounter, the Petitioner also fears being subjected to illegal - 3 - HC-KAR NC: 2025:KHC:37473 CRL.P No. 13225 of 2025 detention, custodial torture, and other forms of police brutality at the hands of the Respondent Police. Wherefore, the Petitioner most respectfully prays that, this Hon'ble Court may kindly be pleased to; i. Permit the Petitioner to withdraw the present anticipatory bail petition, with liberty to surrender before the learned Trial Court or the competent authority; ii) Direct the Respondent Police to strictly follow the procedure established by law and to abide by the guidelines issued by the Hon'ble Supreme Court and this Hon'ble Court concerning arrest, detention, and custodial safeguards; iii. Further direct the learned Trial Court to consider and decide expeditiously any regular bail application moved by the Petitioner, in accordance with law, in the interest of justice." 2. Learned senior counsel submits that petitioner was not named in the FIR. However, while filing charge sheet, he has been arraigned as accused No.6. The case has been now committed to the Sessions Court. He has - 4 - HC-KAR NC: 2025:KHC:37473 CRL.P No. 13225 of 2025 preferred this petition seeking anticipatory bail in Crime No.54/2025 of Bantwala Rural Police Station. He may be permitted to withdraw the present petition with liberty to surrender before the Trial Court and seek appropriate remedy. Further submits that, petitioner has a threat to his life and therefore, the Trial Court may be directed to decide the regular bail application expeditiously. 3. In light of the above submission, petition is dismissed as withdrawn, with liberty to the petitioner to surrender before the Jurisdictional Court / concerned Investigating Officer. 4. It is needless to say that the police shall strictly follow the procedure established by law and shall abide the guidelines issued by the Hon'ble Supreme Court concerning his arrest, detention and custodial safeguards. 5. Necessary direction may be issued by the jurisdictional court, if the petitioner surrender before the - 5 - HC-KAR NC: 2025:KHC:37473 CRL.P No. 13225 of 2025 said Court. If any bail application is filed, same shall be considered in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 21