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2025 DAILYLAW 91188 (KAR)

SRI.ABHI.D v. STATE BY RURAL POLICE STATION

CRL.P/11955/2025 · 2025-09-15

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36594 CRL.P No. 11955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11955 OF 2025 BETWEEN: SRI. ABHI D. S/O. DEVARAJ, AGED ABOUT 25 YEARS, RESIDENT OF VINAYAKA NAGARA, KOTEKERE, KELABHAGA, BELUR ROAD, CHIKKAMAGALURU-577 101. …PETITIONER (BY SMT. VARALAKSHMI P., ADVOCATE) AND: 1. STATE BY RURAL POLICE STATION CHIKKAMAGALURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AT BENGALURU. 2. SRI. HARISH S/O SRI. SADASHIVA, UPPALLI, CHIKKAMAGALURU TOWN, KARNATAKA. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL TO THE PETITIONER IN CRIME NO.242/2025 REGISTERED BEFORE CHIKKAMAGALURU RURAL POLICE STATION, PENDING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36594 CRL.P No. 11955 of 2025 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 310(2) OF BNS, 2023, AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. FIR in Crime No.242/2025 of Chikkamagaluru Rural Police Station, Chikkamagaluru is registered against 6-7 unknown persons for the offence punishable under section 310 (2) of BNS, 2023. 3. In the complaint lodged by Harish S/o Sadashiva, it is alleged that on 12.07.2025 at about 8:00 p.m., while he along with his friend, Umar was proceeding on a TVS Apache motorcycle bearing registration No.KA- 18-EH-1386 from Indavara Paradise Bar towards Indavara, 6-7, unknown persons came in an Accent car bearing registration No.KA-04-MA-9959 and intentionally - 3 - HC-KAR NC: 2025:KHC:36594 CRL.P No. 11955 of 2025 hit against their motorcycle and they assaulted them and snatched a Oppo mobile phone worth Rs.30,000/- as well as his gold chain weighing about 19 grams, cash of Rs.30,000/- and the bike key. 4. FIR is registered against 6-7 unknown persons. Accused Nos.3 to 6 were apprehended on 13.07.2025 at about 2:00 a.m. 5. Learned High Court Government Pleader contended that from the accused a oppo mobile phone and the car has been recovered. He contended that the petitioner is required for custodial interrogation, since cash and the gold chain belonging to the complainant are yet to be recovered. 6. The identity particulars of the accused are not mentioned in the complaint. From the material on record it appears that on the voluntary statement of accused Nos.3- 6, petitioner has been arraigned as an accused. Apart from the same, there is no other material at this stage. - 4 - HC-KAR NC: 2025:KHC:36594 CRL.P No. 11955 of 2025 Petitioner has been arraigned as accused No.2 in the remand application. He has no criminal antecedents. He has undertaken to cooperate with the investigation of the case. Hence, by imposing conditions, relief sought by the petitioner can be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.2 in Crime No.242/2025 of Chickmagalur Rural Police Station, Chickmagalur, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum and he shall cooperate with the investigation. - 5 - HC-KAR NC: 2025:KHC:36594 CRL.P No. 11955 of 2025 b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) He shall be regular in attending the Court proceedings. e) He shall not indulge himself in committing any offence. I.A.No.1/2025 is dismissed as not pressed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 42