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2025 DAILYLAW 89512 (KAR)

RAVI H KATEDAR, v. STATE BY HARIHARA TOWN PS,

CRL.P/12458/2025 · 2025-10-15

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41041 CRL.P No. 12458 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12458 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. RAVI H KATEDAR S/O HALAPPA K H AGED ABOUT 33 YEARS R/O NEAR JAI BHARATH SAW MILL KODIHALA HOSAPETE VILLAGE, RANEBENNURU TALUK, HAVERI DISTRICT – 581 110. …PETITIONER (BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. STATE BY HARIHARA TOWN PS, DAVANAGERE DISTRICT – 577 001.. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST OF THEM FROM THE RESPONDENT HARIHARA TOWN POLICE STATION, DAVANGERE IN CR.No.74/2020 ON THE FILE OF THE LRD ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT AT HARIHARA, DAVANAGERE, FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41041 CRL.P No. 12458 of 2025 SECTIONS 143, 147, 148, 149, 307, 323, 324, 504 AND 506 OF THE IPC 1860 AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) seeking grant of anticipatory bail in crime No. 74/2020 of Harihara Town Police Station registered for offence punishable under Sections 143, 147, 148, 149, 307, 323, 324, 504, 506 IPC. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent. 3. Learned Counsel for petitioner would contend that the address of the petitioner shown in the FIR and charge sheet is not proper and therefore he could not receive any summons, notice or warrant. Therefore, he has not appeared in the said criminal case. As he has not - 3 - HC-KAR NC: 2025:KHC:41041 CRL.P No. 12458 of 2025 appeared, the case against him is split up and now warrant has been issued and he apprehends his arrest. On perusal of the charge sheet, no serious overt act is alleged against this petitioner. The petitioner is ready to appear before the trial Court and co-operate for speedy disposal of the case and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner is absconding since the year 2020 and therefore case against him has been split up. Therefore, he is not entitled for grant of anticipatory bail. 5. Having heard learned counsel for the parties this Court has perused the FIR, complaint, charge sheet and other materials placed on record. 6. The accusation in the charge sheet against the petitioner is that he assaulted the injured with hands. The address in the FIR and the charge sheet, when it is compared with the address mentioned in the ration card - 4 - HC-KAR NC: 2025:KHC:41041 CRL.P No. 12458 of 2025 and voter ID of the petitioner, does not tally. Therefore, it appears that the summons have not been served on the petitioner. Considering the said aspect, the petitioner is entitled for grant of anticipatory bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. The petitioner is ordered to be released on bail in the event of his arrest in crime No. 74/2020 of Harihara Town Police Station subject to following conditions. I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. II. Petitioner shall voluntarily appear before the trial Court within 15 days from this day and execute bail bond and furnish surety. III. Petitioner shall not threaten the prosecution witnesses directly or indirectly. - 5 - HC-KAR NC: 2025:KHC:41041 CRL.P No. 12458 of 2025 IV. Petitioner shall appear before the trial Court on all dates of hearing unless exempted and co- operate in speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 22 Ct.sm