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2025 DAILYLAW 89097 (KAR)

RAJEGOWDA v. STATE BY PERIYAPATNA POLICE

CRL.P/15291/2025 · 2025-12-09

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51796 CRL.P No. 15291 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15291 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. RAJEGOWDA S/O LATE APPAJIGOWDA AGED 46 YEARS. 2. CHANDRU S/O RAJE GOWDA AGED 20 YEARS. 3. SHARADHAMMA W/O RAJE GOWDA AGED 43 YEARS. 4. JAVARAMMA W/O APPAJI GOWDA AGED 64 YEARS. ALL ARE R/AT NAGARAGATTA VILLAGE, RAVANDURU HOBLI PERIYAPATNA TALUK MYSURU DT-571107. …PETITIONERS (BY SRI. MADHU E.K..,ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51796 CRL.P No. 15291 of 2025 AND: 1. STATE BY PERIYAPATNA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN CR.NO.251/2025 OF PERIYAPATNA POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 115(2), 118(1), 109 R/W 3(5) OF BNS PENDING ON THE FILE OF THE LRD. PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT PERIYAPATNA, MYSORE DIST. 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 Nos.1 to 4 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.251/2025 of Periyapatna Police Station registered for the offences punishable under Sections 352, 115(2), 181(1), 109 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:51796 CRL.P No. 15291 of 2025 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that, the petitioners No.1 and 4 have filed a suit in OS No.195/2025 against the complainant and his family members, and it is pending. The petitioner No.1 has also filed a complaint against the complainant and others registered in Crime No.253/2025 for similar offences. In the said complaint i.e. Crime No.253/2025, the accused persons have been granted anticipatory bail by this Court in Crl. P No.13843/2025. The accused Nos.1 and 2 in Crime No.253/2025 have also filed a suit in OS No.179/2025 against the petitioner No.1 and his family members, and it is pending. All the three injured have sustained simple injuries. The petitioners are ready to cooperate with the police in investigation and abide by conditions to be imposed by this court. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:51796 CRL.P No. 15291 of 2025 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, there were civil disputes between petitioners and complainant and his family members. The injured have sustained simple injuries. The petitioners are required for interrogation. With this, she prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. A case has been registered in Crime No.251/2025 of Periyapatna Police Station on the complaint of one Mallegowda against the petitioners for the aforesaid offences. The petitioner No.1 has also filed a complaint and case has been registered in Crime No.253/2025 of Periyapatna Police Station against the complainant/Mallegowda and others for the offences punishable under Sections 352, 109, 126(2), 118(1), - 5 - HC-KAR NC: 2025:KHC:51796 CRL.P No. 15291 of 2025 115(2) read with Section 3(5) of BNS, 2023. Considering the said aspect, there is a case and counter case. In Crime No.253/2025, the accused persons have been granted anticipatory bail by this Court in Crl.P No.13843/2025 by order dated 21.11.2025. There are civil disputes among petitioners and complainant and his family members. As there is a complaint and counter complaint, who is the aggressor is a matter of investigation. The petitioners have undertaken to cooperate with police in the investigation. All the injured have sustained simple injuries. There are no criminal antecedents of petitioners. 7. Considering above aspects, petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:51796 CRL.P No. 15291 of 2025 ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.251/2025 of Periyapatna Police Station registered for the offences punishable under Sections 352, 115(2), 181(1), 109 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. a) The petitioners shall voluntarily appear before the Investigating Officer within fifteen days from this day, and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioners shall co-operate with the Investigating Officer in the investigation. c) The petitioners shall appear before the Investigating Officer whenever called for. d) The petitioners shall not indirectly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing - 7 - HC-KAR NC: 2025:KHC:51796 CRL.P No. 15291 of 2025 such facts to the Court or to police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 9