Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 87570 (KAR)

SRI. NANDISH KUMAR G. K v. THE STATE OF KARNATAKA,

CRL.P/10700/2025 · 2025-08-20

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32419 CRL.P No. 10700 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10700 OF 2025 BETWEEN: 1. SRI. NANDISH KUMAR G.K. S/O KRISHNAMURTHY, AGED ABOUT 35 YEARS, R/O GANANGURU VILLAGE, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK. 2. SRI. G.B. KRISHNAMURTHY S/O LATE BOREGOWDA, AGED ABOUT 63 YEARS, R/O GANANGURU VILLAGE, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK. …PETITIONERS (BY SRI. SAGAR A SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA BY ARAKERE P.S., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32419 CRL.P No. 10700 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONERS HEREIN AND ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT ARAKERE POLICE STATION IN FIR BEARING CRIME NO.68/2020 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 379, 269 AND 271 OF IPC ALONG WITH SECTION 3 AND 181 OF INDIAN MOTOR VEHICLES ACT 1988 REGISTERED AS C.C.NO.1311/2021 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT SRIRANGAPATTANA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners, apprehending their arrest in connection with a case registered in C.C.No.1311/2021 on the file of the Court of Principal Civil Judge and JMFC, Srirangapatna, Mandya, for the offence punishable under Section 379, 269 and 271 of IPC and Section 3 and 181 of the Indian Motor Vehicles Act, 1988, have preferred this petition seeking anticipatory bail. 2. Application for anticipatory bail filed before the Sessions Court has been dismissed in Crl. Misc No.299/2025 vide order dated 17.06.2025. - 3 - HC-KAR NC: 2025:KHC:32419 CRL.P No. 10700 of 2025 3. Petitioners are arraigned as accused Nos.9 and 7 respectively in the charge sheet filed by the Police in connection with Crime No.68/2020 of Arakere Police Station. Petitioner No.2/accused No.7 initially obtained anticipatory bail, but in view of his absence before the trial Court, bailable warrant has been issued. 4. In so far as petitioner No.1/accused No.9 is concerned, though it is observed by the learned Sessions Judge in its order that he too was granted anticipatory bail and failed to comply the conditions imposed, it is submitted by the learned counsel for petitioner that the said accused i.e., accused No.9 has not applied for anticipatory bail, on the other hand, learned Sessions Judge misconstrued the anticipatory bail granted to accused No.3 and observed that accused No.9 has been granted anticipatory bail. 5. As per order sheet dated 17.06.2025 of the trial Court, it is seen that summons were served to accused Nos.7 and 9 i.e., the petitioners herein, and since they - 4 - HC-KAR NC: 2025:KHC:32419 CRL.P No. 10700 of 2025 failed to appear before the Court, service upon them was held sufficient and bailable warrant was issued. 6. Considering the facts and circumstances, though this Court is not inclined to grant anticipatory bail to the petitioners, however, they are directed to appear before the trial Court on or before 30.08.2025 and file necessary application and in that event the trial Court shall release them on bail, imposing appropriate conditions. 7. With the above observation, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 39