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2025 DAILYLAW 83621 (KAR)

SRI RAKESH K P v. STATE OF KARNATAKA

CRL.P/11156/2025 · 2025-09-12

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36210 CRL.P No. 11156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11156 OF 2025 BETWEEN: SRI RAKESH K P S/O PARAMESHWARAPPA.K.K, AGED ABOUT 25 YEARS, R/O KEREHALLI VILLAGE, JODIOCHEHALLI POST, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 533. …PETITIONER (BY SRI YOGESH V KOTEMATH, ADVOCATE FOR SRI VIRUPAKSHAIAH P.H, ADVOCATE) AND: STATE OF KARNATAKA BY KADUR POLICE STATION, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI R RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.82/2025 BY THE RESPONDENT POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 352, 103(1), 3(5) OF BNS, 2023. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36210 CRL.P No. 11156 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.2 in Crime No.82/2025 of Kadur Police Station, Chickmagalur has preferred this petition, to enlarge him on anticipatory bail. 2. The complaint is lodged by one Kiran C.D., son of deceased C.C.Diwakar, based on which the aforementioned case is registered against accused Nos.1 and 2 for the offence punishable under Section 352, 103(1), 3(5) of BNS, 2023. 3. In his complaint, Kiran C.D. has alleged that his father, a Journalist, was approached by one Jyothi (Accused No.1) about a year ago requesting to help her to get some work done in the revenue offices, stating that she is very poor and will pay him the expenses incurred later. After the work was done, when his father requested her to give the expenses incurred for the work, she started - 3 - HC-KAR NC: 2025:KHC:36210 CRL.P No. 11156 of 2025 avoiding his father etc. Further, on 04.03.2025 at about 02.30 p.m. she quarreled with his father and at about 6.00 p.m. secured him near KSRTC bus stand and both, Jyothi and her son (Petitioner), manhandled his father and brutally assaulted him, on account of which his father collapsed and died. 4. Initially, a case was registered in UDR No.7/2025 on 05.03.2025. On the basis of CCTV footages, the crime committed by the accused came to light. The contention of the learned counsel that the petitioner is innocent and he has not committed any offence cannot be accepted at this stage. Investigation is in progress. As per prosecution, on 04.03.2025 at about 02.30 p.m., accused No.1 came near the house of deceased and picked up quarrel with him. On the same day at about 06.00 p.m. both the accused secured the deceased near KSRTC bus stand, Kadur and abused and threatened him saying they will not give any money and fisted on his chest, rib, cheek, ear and head, on account of which, he collapsed and died on the spot. - 4 - HC-KAR NC: 2025:KHC:36210 CRL.P No. 11156 of 2025 Thereafter, both the accused fled the scene. The prosecution is also relying on the statement of Satish@Ganesh who informed the matter to the complainant. At this stage, there is a prima-facie case against the petitioner. The offence alleged is punishable with death or imprisonment for life. Hence, he is not entitled for the relief of anticipatory bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 39