Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29822 CRL.P No. 10265 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10265 OF 2025
BETWEEN:
1. NAGEGOWDA S/O CHIKKAHALEGOWDA, AGED ABOUT 58 YEARS, RESIDING AT P.B. MANCHANAHALLI VILLAGE, SHEELANERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT, PIN CODE NO: 571 429.
2. KANTHARAJU S/O CHIKKAHALEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT P.B. MANCHANAHALLI VILLAGE, SHEELANERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT, PIN CODE NO: 571 429. …PETITIONERS (BY SRI. C.N. RAJU, ADVOCATE)
AND:
STATE BY K.R. PETE TOWN POLICE MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE: 560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29822 CRL.P No. 10265 of 2025
THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.127/2025 OF K.R.PETE TOWN POLICE ON THE FILE OF CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, K.R.PET, MANDYA FOR THE OFFENCE P/U/S/ 189(2), 191(2), 352, 118(1), 54, 324(4), 351(2), 190 OF BNS BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arraigned as accused Nos.1 and 2 in Crime No.127/2025 of K.R.Pet Town Police Station, Mandya, registered for offences punishable under Section 189(2), 191(2), 352, 118(1), 54, 324(4), 351(2) and 190 of BNS, 2023. 3. In the complaint lodged by one Sinivasa S/o Thammegowda, he has alleged that on 21.06.2025 at
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HC-KAR NC: 2025:KHC:29822 CRL.P No. 10265 of 2025
about 3.30 p.m., all the accused formed an unlawful assembly in connection with a dispute pertaining to land bearing Survey No.18 measuring 2 acres 15 guntas, assaulted Nagegowda, Lokesh and Narasimhegowda with rod and machu and inflicted injuries to them and also caused damage to the motorcycle. 4. FIR is registered against accused Nos.1 to 10. Petitioners are arraigned as accused Nos.1 and 2. It is alleged that the petitioners herein have assaulted the injured with rod and machu and caused grievous injuries to them. 5. It is pertinent to see that in respect of the incident which took place on 21.06.2025 at 3.30 p.m., one more case is registered on a complaint lodged by accused No.4, in Crime No.126/2025 of K.R.Pet Town Police Station for offences punishable under Section 189(2), 191(2), 352, 118(1), 115(2), 76, 351(2) and 190 of BNS, 2023 against 14 accused persons. The FIR registered in the said
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HC-KAR NC: 2025:KHC:29822 CRL.P No. 10265 of 2025
case shows that accused Nos.1, 7 and one Lohitha have also sustained injuries in the incident in question. 6. Even though it is alleged that the accused have assaulted with chopper and iron rod and inflicted injuries, FIR is not registered for causing grievous injuries, on the other hand, Section 118(1) of BNS, 2023 is invoked. It is not explained as to how Accused No.1, 7 and one Lohitha have sustained injuries. It is contended by the learned counsel for petitioners that on account of the civil dispute between the parties, who are closely related, a false case has been registered implicating all the family members. 7. Accused Nos.3 to 10 are said to be on bail. Petitioners have no criminal antecedents. Considering the above facts and circumstances, by imposing conditions, the relief sought by the petitioners can be granted.
Accordingly, the following:
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HC-KAR NC: 2025:KHC:29822 CRL.P No. 10265 of 2025
ORDER i. Petition is allowed. ii. Petitioners/accused Nos.1 and 2 in Crime No. No.127/2025 of K.R.Pet Town Police Station, Mandya, 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 two sureties 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 change in the address/contact number. c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly.
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HC-KAR NC: 2025:KHC:29822 CRL.P No. 10265 of 2025
d) They shall be regular in attending the Court proceedings.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 40