Criminal Petition No. 2514 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2514 OF 2025 BETWEEN: 1. SANJAY @ RAHUL. J S/O JAI PRAKASH AGED ABOUT 20 YEARS R/AT NO.25/2 2ND CROSS VENKATAPPA BLOCKINDIAN SCHOOL, MUNESHWARA NAGARA BENGALURU - 560 045. 2. FRANNCIS@ MARIYA FRANCIS S/O CHRISTINA JOES AGED ABOUT 27 YEARS RE/AT TAIEMAMMLANE CHIKKANNA LAYOUT SHAMPUR MAIN ROAD D.J. HALI BENGALURU - 560 045. 3. SHIVAGAMI W/O JAI PRAKASH AGED ABOUT 41 YEARS R/AT NO.25/2 2ND CROSS VENKATAPPA BLOCK INDIAN SCHOOL, ARABIC COLLEGE MUNESHWARA NAGARA BENGALURU - 560 045. 4. KARLIN W/O R. KUMAR AGED ABOUT 35 YEARS RESIDING AT NO.89 GANDHI VILLAGE BENGALURU - 46. 5. SARASA W/O BABU
Legal Reasoning
Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 AGED ABOUT 55 YEARS R/AT NO.3MUNIMARAPPA LAYOUT KB SNADRABENGALURU - 560 045. 6. PRAMILA W/O AROGYA RAJ R.K AGED ABOUT 35 YEARS R/AT NO.2, MUNIMARAPPABLCOK BENGALURU - 560 045.
Legal Reasoning
(BY SRI H.C. SHIVARAMU, ADV., FOR SRI KRISHNAPPA M.N, ADV.) AND: THE STATE OF KARNATAKA BY D.J. HALLI, BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONERS (BY SMT. PUSHAPALATHA B, ADDL. SPP A/W SRI VINAY MAHADEVAIAH, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.438/2024 OF D.J.HALLI P.S., FOR THE ALLEGED OFFENCE P/U/S 109,115(2),189(2),190,191(2),191(3) OF THE BNS, PENDING ON THE FILE OF HONBLE XI ACJM, AT BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 3 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 ORAL ORDER Accused Nos.2, 5 & 7 to 10 in Crime No.438/2024 registered by Devarajeevanahalli Police Station, Bengaluru City for the offences punishable Sections 109, 115(2), 189(2), 190, 191(2), 191(3) of BNS, 2023 are before this Court under Section 482 of BNSS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.438/2024 was registered by Devarajeevanahalli Police Station, Bengaluru City against Vikram and others on the basis of first information dated 29.10.2024 received from Sri Vishwa S/o late Ravikumar. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.26131/2024 before the jurisdictional Sessions Court, which was rejected on 17.12.2024. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that there is a delay of two days in registering FIR in the present case. In respect of the incident that had taken place on 27.10.2024, FIR in Crime No.436/2024 was - 4 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 registered by the very same Police Station for the offence punishable under Sections 109, 115(2), 118(1), 126(2), 189(2), 189(4), 190, 191(2), 191(3), 351(3) & 352 of BNS, 2023 against Viswha and others, based on the first information submitted by Harish Babu, who is accused No.3 in the present case. He submits that accused Nos.1, 3, 4, 6 and 11, who are arrested in the present case have been already granted regular bail by the jurisdictional Magistrate. The petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, the learned HCGP has opposed the bail application. He submits that the injured first informant has suffered grievous injury and there are allegation against accused Nos.2 and 5 about assaulting the injured. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place on the night of 27.10.2024, there is a case and counter case registered by Devarajeevanahalli Police - 5 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 Station, Bengaluru City. FIR in Crime No.436/2024 was registered against Vishwa and others, based on the first information submitted by Harish Babu and FIR in Crime No.438/2024 was registered by the very same Police Station against Vikram and others, based on the first information submitted by Vishwa, who is accused No.1 in Crime No.436/2024. The allegation of assaulting Vishwa in the present case is as against accused Nos.1, 2 and 5. Accused No.1 who was arrested in the present case has been enlarged on regular bail by the learned Magistrate. 7. The material on record would go to show that, as a result of assault made by accused No.2, Vishwa has suffered grievous injuries and he has lost three fingers of his left hand. Accused No.5 allegedly has assaulted Vishwa with a knife on his forehead and as a result of the same Vishwa has not suffered any grievous injury. So far as other accused are concerned, there is no allegation as against them about they assaulting the injured Vishwa. Considering the background in which the incident in - 6 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 question had taken place and also specific overt acts as against accused persons found in the first information, I am of the opinion that the prayer made by accused No.2 for grant of anticipatory bail needs to be rejected since the injured first informant Vishwa has suffered grievous injury as a result of assault made by accused No.2 and he has lost three fingers of his left hand. Insofar as other accused persons are concerned considering the nature of allegation as against them and also having regard to corresponding injury suffered by Vishwa, the prayer made by them for grant of anticipatory bail requires to be answered affirmatively. Accordingly, the following:
Decision
ORDER The Criminal Petition is partly allowed. The Criminal Petition is dismissed as against accused No.2/petitioner No.1. The Criminal Petition is allowed insofar as accused Nos.5 and 7 to 10 are concerned. The respondent - Police or any other police in the State of Karnataka are - 7 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 directed to release the petitioners/accused Nos.5 and 7 to 10 in the event of their arrest in Crime No.438/2024 registered by Devarajeevanahalli Police Station, Bengaluru City for the offences punishable Sections 109, 115(2), 189(2), 190, 191(2), 191(3) of BNS, 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co- operate with the Police for investigation and appear before them whenever called upon. - 8 - NC: 2025:KHC:10498 CRL.P No. 2514 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS