Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43266 CRL.P No. 13298 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13298 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
LOKESH K U @ BHARATHA S/O UMESH AGED ABOUT 24 YEARS R/O KUNCHITIGARA STREET KALASPURA (V) AND (P) CHIKKAMAGALURU – 01. …PETITIONER
(BY SRI SAMPATH KUMAR A V, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY CHIKKAMAGALURU RURAL POLICE STATION, CHIKKAMAGALURU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.242/2025 PENDING ON THE FILE OF HON’BLE I ADDL.
SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALARU, FOR THE
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:43266 CRL.P No. 13298 of 2025
OFFENCES PUNISHABLE UNDER SECTION 310(2) OF BNS BY CHIKKAMAGALURU RURAL POLICE 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
This petition is filed by the petitioner -accused No.1 under Section 482 of BNSS praying to grant of anticipatory bail in Crime No.242/2025 of Chikkamangaluru Rural Police Station registered for the offence punishable under Section 310(2) of BNS.
2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent-State.
3.
Learned counsel for the petitioner would contend that accused No.2 has been granted anticipatory bail and therefore the petitioner is also entitled for grant of anticipatory bail on the ground of parity. The charge sheet is already filed. The car and mobile has been recovered at the instance of accused No.5. There is no recovery
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HC-KAR NC: 2025:KHC:43266 CRL.P No. 13298 of 2025
pending against this petitioner. The petitioner came to be falsely involved on the basis of voluntary statement of accused Nos.3 to 6. The incident has taken place in a road rage quarrel between the accused persons and the complainant. The petitioner is ready to co-operate for further investigation and abide by terms and conditions to be imposed by this Court. With these, he prays to allow the petition and grant of anticipatory bail to the petitioner –accused No.1
4. Per contra learned Additional SPP for the respondent –State would contend that wound certificate indicates that first informant has sustained simple injury. There is a recovery of bike. With these, she prayed for rejection of the petition.
5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record.
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HC-KAR NC: 2025:KHC:43266 CRL.P No. 13298 of 2025
6. As per charge sheet, accusation against the accused persons is that on 12.07.2025 at about 08.00 p.m. when C.W.1 was going on his bike along with C.W.2 as a pillion rider, accused Nos.1 to 6 came in car and dashed to the bike of the first informant and assaulted him with hands and with key of the car and robbed mobile phone and cash of Rs.30,000/- and key of the bike. The accusation against this petitioner and accused No. 2 who has been granted anticipatory bail is similar. Therefore, the petitioner is entitled for grant of anticipatory bail on the ground of parity. The petitioner has undertaken to co- operate with the police in further investigation and abide by any terms and conditions to be imposed by this Court. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions.
7. In the result, the following
ORDER i) The petition is allowed.
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HC-KAR NC: 2025:KHC:43266 CRL.P No. 13298 of 2025
ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.242/2025 of Chikkamangaluru Rural Police Station registered for the offence punishable under Section 310(2) of BNS subject to following conditions; a) The petitioner –accused No.1 shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Investigating Officer/jurisdictional Court. b) The petitioner –accused No.1 shall voluntarily appear before Investigating Officer / Jurisdictional Court within 10 days from this day and execute a bail bond and furnish surety.
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HC-KAR NC: 2025:KHC:43266 CRL.P No. 13298 of 2025
c) The petitioner –accused No.1 shall not tamper prosecution witnesses either directly or indirectly. d) The petitioner –accused No.1 shall attend the trial Court on all dates of hearing unless exempted and co-operate speedy disposal of the case. e) The petitioner –accused No.1 shall not commit any offence. If petitioner is found involved in commission of any offence, the prosecution is at liberty to move application for cancellation of bail granted to him.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 18 Ct.sm