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2025 DAILYLAW 83835 (KAR)

JAGADEESH @ JAGGU v. THE STATE OF KARNATAKA BY

CRL.P/14418/2025 · 2025-12-17

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54192 CRL.P No. 14418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14418 OF 2025 (438(Cr.PC) /482(BNSS)) BETWEEN: 1. JAGADEESH @ JAGGU S/O LATE PRAKASH, AGED 27 YEARS JANGALPALYA VILLAGE, JIGANI HOBLI BANGALORE RURAL DISTRCIT-560 083. …PETITIONER (BY SRI. G MURALIDHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANNERGATTA POLICE STATION, BANGALORE RURAL DISTRICT-560 083. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER OF ANTICIPATORY BAIL DIRECTING RESPONDENTS THAT IF THE PETITIONER IN EVENT OF ARRESTED IN CR.No.231/2025 OF BANNERGATTA P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 118(1),352,351(2),351(3),109(1) AND 190 OF BNS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54192 CRL.P No. 14418 of 2025 HE SHALL BE RELEASED ON BAIL BY THE POLICE REGISTERED IN BEFORE III A.C.J AND J.M.F.C ANEKALTHE. 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 No.7 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.231/2025 of Bannerghatta Police Station registered for offences punishable under Sections 118(1), 351(2), 351(3), 352, 109(1) and 190 of BNS. 2. Heard the learned counsel for the petitioner and learned Additional SPP for respondent / State. 3. Learned counsel for the petitioner would contend that accused No.6 has been granted bail by this Court. Petitioner is also similarly placed to that of accused No.6 who has been granted bail. There is no specific overt act of assault alleged against this petitioner. Now that the charge sheet has been filed, the petitioner is not required for custodial interrogation. The injured has sustained - 3 - HC-KAR NC: 2025:KHC:54192 CRL.P No. 14418 of 2025 three simple injuries. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that accusation against the petitioner is omnibus of assault on the injured and the wound certificate indicates that injured has sustained 3 simple injuries. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. On perusal of column – 17 of the charge sheet there was prior enemity between CW.1 and accused Nos.1 to 8 and due to that accused persons assaulted CW.1 and accused No.1 assaulted CW.1 with beer bottle on his head and on his right hand. Accused No.2 assaulted CW.1 with beer bottle on his head. There is no specific overt act of assault alleged against this petitioner/accused No.7. The - 4 - HC-KAR NC: 2025:KHC:54192 CRL.P No. 14418 of 2025 injured has sustained three simple injuries. The investigation is over and the charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. It is submitted that there are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in Crime No.231/2025 of Bannerghatta Police Station, subject to following conditions: (i) Petitioner shall execute bail bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court. - 5 - HC-KAR NC: 2025:KHC:54192 CRL.P No. 14418 of 2025 (ii) Petitioner shall voluntarily appear before the jurisdictional Court within 15 days from this day and execute bail bond and furnish surety. (iii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iv) Petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 18 Ct.sm