Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28060 CRL.P No. 9315 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9315 OF 2025 BETWEEN:
SEENA ALIAS SHASHANK S/O UMESH D.N AGED ABOUT 19 YEARS R/AT NEAR MANDALA PANCHAYATH HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, PIN - 562 714. …PETITIONER (BY SRI MAHESH S.N, ADV.) AND:
STATE OF KARNATAKA BY, SHO, AVALAHALLI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER, IN THE EVENT OF ARREST BY THE RESPONDENT POLICE, THAT HE MAY BE ENLARGE ON BAIL, IN CR.NO.84/2025 OFFENCE P/SU/ 109,118(1),189(2),190,191(2),351(2),352,49 OF BNS PENDING ON THE FILE FO THE HONBLE Ist ADDL CJM, BENGALURU RURAL DISTRICT, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:28060 CRL.P No. 9315 of 2025
ORAL ORDER
1. Accused No.5 in Crime No.84/2025 registered by Avalahally Police Station, Bengaluru District, for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 351(2), 352 and 49 of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3.
Learned counsel for the petitioner submits that accused No.3 as against whom similar allegations are found in the FIR has been granted anticipatory bail by this Court in Crl.P.No.7074/2025. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.
4. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner.
5. A perusal of the material on record would go to show that accused named in the FIR and the injured victim Deeraj Gowda are acquainted to each other and it appears that there was some dispute between them since accused persons
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HC-KAR NC: 2025:KHC:28060 CRL.P No. 9315 of 2025
allegedly had assaulted the driver of the first informant’s uncle. In the alleged incident that had taken place on 15.03.2025, first informant Deeraj Gowda has suffered only simple injuries. It is under these circumstances, accused No.3 has been granted anticipatory bail by this Court in Crl.P.No.7074/2025. Allegation against petitioner and accused No.3 are similar. Undisputedly, petitioner has no other criminal antecedents. Therefore, on the ground of parity, his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-
6. 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.84/2025 registered by Avalahally Police Station, Bengaluru District, for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 351(2), 352 and 49 of BNS, 2023, 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/-
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HC-KAR NC: 2025:KHC:28060 CRL.P No. 9315 of 2025
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 witnesses 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
DN