Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36066 CRL.P No. 11922 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11922 OF 2025
BETWEEN:
1. MADHU S/O ERAIAH, AGED ABOUT 37 YEARS,
2. PAVAN S/O BASAVARAJA, AGED ABOUT 27 YEARS,
BOTH ARE RESIDENTS OF ANKIHALLI VILLAGE, BIKKODU HOBLI, BELUR TALUK, HASSAN DISTRICT-573 215. …PETITIONERS
(BY SRI. SOMASHEKARA K.M., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY AREHALLY POLICE STATION, HASSAN DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT
(BY MS. ASMA KOUSER, ADDL. SPP)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36066 CRL.P No. 11922 of 2025
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN FIR VIDE CRIME NO.44/2025 OF THE RESPONDENT POLICE/AREHALLY POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 132, 126(2), 115(2), 352 READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC., BELUR, HASSAN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are before this Court praying to release them on anticipatory bail in a case registered in Crime No.44/2025 of Arehalli Police Station, for the offence punishable under Section 132, 126(2), 115(2), 352 r/w 3(5) of IPC of BNS, 2023.
2. It is alleged in the complaint lodged by the Range Forest Officer, District Elephant Task Force, Belur, Hassan District that they noticed a woman aged about 40 – 45 years attacked by an elephant, lying in a coffee estate and when the officials were trying to shift her to the hospital, the villagers, including the petitioners herein
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HC-KAR NC: 2025:KHC:36066 CRL.P No. 11922 of 2025
obstructed them from discharging their duties. Further alleged, the petitioners have held the collars of two of RRT (Rapid Response Team) officials, pushed, abused and slapped them etc. It is further alleged that due to the said act, the injured woman could not be shifted to the hospital in time and she succumbed to the injuries sustained by her.
3. As could be seen from the complaint, several villagers gathered at the spot and it appears that they staged a protest by blocking vehicles on the road. Though specific allegations are made against the petitioners that they have abused and assaulted the officials and obstructed them from discharging their duties, all the offences invoked in the FIR, except Section 132 are bailable in nature. Section 132 of BNS, 2023, though non-bailable, is punishable upto 2 years or with fine or with both.
4. Petitioners are said to be agriculturists. They have no criminal antecedents. Their custodial
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HC-KAR NC: 2025:KHC:36066 CRL.P No. 11922 of 2025
interrogation, in the facts and circumstances of the case may not be necessary. Relief sought can be granted by imposing suitable conditions. Accordingly, the following:
ORDER i. Petition is allowed. ii. Petitioners/accused Nos.1 and 2 in Crime No.44/2025 of Arehalli Police Station, Hassan, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum and shall cooperate with the investigation. b) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number.
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HC-KAR NC: 2025:KHC:36066 CRL.P No. 11922 of 2025
c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) They shall be regular in attending the Court proceedings.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 32