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2025 DAILYLAW 81655 (KAR)

RAMESHA NAIK v. THE STATE BY NYAMATHI POLICE STATION

CRL.P/14297/2025 · 2025-11-07

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45267 CRL.P No. 14297 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. 14297 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. RAMESHA NAIK S/O MANGALA NAIK OCC: AGRICULTURE AGE ABOUT 49 YEARS 2. DILIPKUMAR R S/O RAMESH NAIK B E STUDENT AGE ABOUT 22 YEARS BOTH ARE R/AT KRUVA THANDA SEVALAL NAGAR NYAMATHI TALUK DAVANAGERE DISTRICT – 577 223. …PETITIONERS (BY SRI S G RAJENDRA REDDY, ADVOCATE) AND: 1. THE STATE BY NYAMATHI POLICE STATION DAVANAGERE DIST. REP. BY S. P. P HIGH COURT BENGALURU – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45267 CRL.P No. 14297 of 2025 ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.No.229/2025 OF NYAMATHI P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 115(2), 118(2), 109(1), 351(2) READ WITH SECTION 3(5) OF THE BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, HONNALI, DAVANAGERE DISTRICT. 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 Nos.1 and 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.229/2025 of Nyamathi Police Station registered for offences under Sections 352, 115(2), 118(2), 109(1), 351(2) read with 3(5) of BNS. 2. Heard learned counsel for petitioners and learned Additional SPP for respondent/State. 3. Learned counsel for petitioners would contend that with regard to formation of road, there was quarrel between the petitioners and the first informant and in that quarrel first informant and also the petitioners have - 3 - HC-KAR NC: 2025:KHC:45267 CRL.P No. 14297 of 2025 sustained injuries. The injuries sustained by the first informant are simple in nature. The petitioners are ready to co-operate with the police in investigation and abide by any terms and conditions to be imposed by this Court. With these he prayed to allow the petition. 4. Per contra, learned Additional SPP contend that petitioner No.1 stated to have assaulted with club on the right side of the head of the injured and petitioner No.2 has bit on the left hand of the first informant. The investigation is in progress. The petitioners are required for investigation. With these she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. As per complaint and FIR of Crime No.229/2025, incident has taken place on 15.09.2025 at 09.30 a.m. The wife of petitioner No.1 has also filed complaint and it came - 4 - HC-KAR NC: 2025:KHC:45267 CRL.P No. 14297 of 2025 to be registered in Crime No.233/2025 of Nyamathi Police Station with regard to incident dated 15.09.2025 taken place at 10 a.m. Considering both FIRs, it appears that there is a case and counter case. The first informant has sustained two simple injuries. The petitioners have undertaken to co-operate with the police in investigation. Who is the aggressor is required to be considered at the time of investigation and at trial. There are no criminal antecedents of the petitioners. Considering the above aspect, the petitioners have made out case for grant of anticipatory bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioners are ordered to be released on bail in the event of their arrest in Crime No.229/2025 of Nyamathi Police Station subject to following conditions: (i) Petitioners shall appear before the IO within 10 days from this day and execute a personal bond for a sum of - 5 - HC-KAR NC: 2025:KHC:45267 CRL.P No. 14297 of 2025 Rs.1,00,000/- (Rupees one lakh only) each, with one surety for the like sum to the satisfaction of the Investigating Officer. (ii) Petitioners shall co-operate with the IO in investigation. (iii) Petitioners shall not directly or indirectly make an inducement or threat or promise to any person acquainted with the parts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. (iv) Petitioners shall appear before the IO whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 21 Ct.sm