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2025 DAILYLAW 80197 (KAR)

RAJESH GOWDA @ G. RAJESH v. STATE OF KARNATAKA

CRL.P/10608/2025 · 2025-07-25

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28567 CRL.P No. 10608 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10608 OF 2025 BETWEEN: RAJESH GOWDA @ G. RAJESH S/O. M. GOPALA REDDY, AGED ABOUT 26 YEARS, R/AT NO.85, DASARAHOSAHALLI VILLAGE, DODDURUKARAPANAHALLI POST, BANGARPET TALUK, KOLAR DISTRICT 563162. …PETITIONER (BY SRI. CHETHAN A., ADVOCATE) AND: STATE OF KARNATAKA, BY BANGARPET POLICE STATION, KOLAR DISTRICT, REPRESENTED BY, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE I.E BANGARPET POLICE TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.4066/2025 (CR.NO.179/2025) WHICH IS NOW PENDING ON THE FILE OF THE HON'BLE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT BANGARPET FOR THE OFFENCES P/U/S 118(1), 109, 61(2), 49, 189(2), 189(4), 191(2), 190 OF BNS AND SEC.27 OF ARMS ACT, IN THE ENDS OF LAW AND JUSTICE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28567 CRL.P No. 10608 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.6 in Crime No.179/2025 registered by Bangarpet Police Station, KGF for the offences punishable under Sections 118(1), 3(5) of BNS, 2023 and Section 27 of the Indian Arms Act, 1959 is before this Court under 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.179/2025 was registered by Bangarpet Police Station for the aforesaid offences against two unknown persons based on the first information dated 19.06.2025 received from Sathish Gowda.M., who is the injured victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.584/2025 before the jurisdictional Sessions Court, which was rejected on 19.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a student and he has been granted interim - 3 - HC-KAR NC: 2025:KHC:28567 CRL.P No. 10608 of 2025 anticipatory bail by this Court on 23.07.2025. He has complied with the bail conditions and co-operated with the police for the purpose of investigation. He has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, fairly submits that injured has suffered only simple injuries in the incident in question and accused Nos.1 and 2 are the assailants. Allegation against the petitioner is that he had engaged the services of said accused for the purpose of assaulting the victim. 6. In the first information, which was submitted by the injured victim on 19.06.2025, he has stated that on 18.06.2025 at about 9.00 p.m., when he was walking on the road, two persons, who came in two wheeler wearing masks, all of a sudden assaulted him with weapons which they had brought with them and as a result, he sustained injuries. When he raised cry, his father came there and assailants allegedly escaped from the spot in a car. It is in this background, FIR was registered against unknown persons. During the Course of investigation, accused Nos.1 to 5 were arrested and based on - 4 - HC-KAR NC: 2025:KHC:28567 CRL.P No. 10608 of 2025 the confession statement of accused No.1, petitioner is arrayed as accused No.6 in the present case. Allegation against the petitioner is that he had engaged the services of accused Nos.1 to 5 for the purpose of assaulting the injured victim against whom he had ill-will. Undisputedly, injured victim has suffered only simple injures in the incident in question. Petitioner is a student having no criminal antecedents. Considering the aforesaid aspects, he was granted interim anticipatory bail by this Court on 23.07.2025. 7. Learned counsel for the petitioner submits that petitioner has complied with the terms and conditions of the interim bail order and he has co-operated with the police for the purpose of investigation. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of anticipatory bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The respondent-Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.179/2025 of Bangarpet police station, KGF for the offences punishable - 5 - HC-KAR NC: 2025:KHC:28567 CRL.P No. 10608 of 2025 under Sections 118(1), 3(5) of BNS, 2023 and Section 27 of the Indian Arms Act, 1959, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE VM List No.: 1 Sl No.: 58