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2025 DAILYLAW 88374 (KAR)

CHARANRAJ A D v. THE STATE BY

CRL.P/14263/2025 · 2025-11-13

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46401 CRL.P No. 14263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14263 OF 2025 (438(Cr.PC) / 482(BNSS BETWEEN: 1. CHARANRAJ A D S/O. DEVARAJAPPA, AGED ABOUT 26 YEARS R/O ARALIHALLI VILLAGE JEENAHALLI POST SHIKARIPURA TALUK, SHIVAMOGGA DIST. PIN – 573 219. …PETITIONER (BY SRI ANANTH PRASAD NADIG N M, ADVOCATE FOR SRI PRASHANTH D, ADVOCATE) AND: 1. THE STATE BY SHIKARIPURA RURAL POLICE STATION, SHIVAMOGGA, REPRESENTED BY SPP, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT HIM ANTICIPATORY BAIL IN CR.No.262/2025 REGISTERED BY SHIKARIPURA RURAL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46401 CRL.P No. 14263 of 2025 POLICE, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, SHIKARIPURA, SHIMOGGA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189 (2),191(2),191(3),126(2),352,109,115(2),351(3),190 OF BNS ACT. 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.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.262/2025 of Shikaripura Rural Police Station registered for offence punishable under Sections 189(2), 191(2), 191(3), 126(2), 352, 109, 115(2), 351(3), 190 of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that as the injured has married Shalini, the daughter of accused No.6, without their consent, as it was a love marriage, there was a grudge by the accused persons - 3 - HC-KAR NC: 2025:KHC:46401 CRL.P No. 14263 of 2025 against the injured. The injury sustained by the injured is not severe injury and injured has been discharged on 08.09.2025. With these he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the overt act alleged against this petitioner is assault on the hand and stomach of the injured with a knife. The injured has sustained penetrating injury on his head and stomach. The stomach is the vital part of the body and therefore, the intention of the petitioner can be gathered that with an intention to kill, he has assaulted the injured. The investigation is in progress. The offence alleged against the petitioner is punishable with imprisonment for life. Therefore, the petitioner is not entitled for grant of discretionary relief of anticipatory bail. With this she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:46401 CRL.P No. 14263 of 2025 6. The complainant has married Shalini, the daughter of accused No.6 and it was a love marriage against the consent of the accused persons and therefore, accused were wrecking vengeance against the injured. In that regard on 03.09.2025 at about 07.00 p.m. when injured was coming on his bike, at that time, accused Nos.1 and 2 have restrained him, made him to fall on the ground and accused No.2 holding club abused him in filthy language and abetted others to assault and finish injured. At that time, accused No.1 went and brought knife and assaulted the injured and the same caused injury to the left hand and again the petitioner/accused No.1 assaulted the injured on his stomach near umbilicus. Considering the above aspects, there is a serious overt act alleged against this petitioner, assaulting the injured on his vital part i.e. stomach. The investigation is in progress. Considering the above aspects, the petitioner is not entitled to the - 5 - HC-KAR NC: 2025:KHC:46401 CRL.P No. 14263 of 2025 discretionary relief of anticipatory bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 12 Ct.sm