Criminal Petition No. 7074 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21044 CRL.P No. 7074 of 2025 C/W CRL.P No. 7076 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7074 OF 2025 C/W CRIMINAL PETITION NO. 7076 OF 2025 IN CRL.P No. 7074/2025: BETWEEN: SABANNA @ SURI S/O SHIVAPPA AGED ABOUT 20 YEARS R/AT KOLLURU CHITHAPURA TALUK KALBURGI DISTRICT KARNATAKA - 585 218. (BY SRI MAHESH S.N, ADV.) AND: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
Legal Reasoning
THE STATE OF KARNATAKA BY AVALAHALLI P S BANGALORE REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CR.NO.84/2025 AVALAHALLY P.S OFFENCES P/U/S 109, 118(1), 189(2), 190, 191(2), 351(2), 352 AND 49 OF B.N.S, PENDING ON THE FILE OF THE HONBLE ADDL.CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, AT BANGALORE. - 2 - NC: 2025:KHC:21044 CRL.P No. 7074 of 2025 C/W CRL.P No. 7076 of 2025 HC-KAR IN CRL.P NO. 7076/2025: BETWEEN: J. JONSON @ JOHN S/O JOSEPH AGED ABOUT 30 YEARS R/AT NO.55, KITHAGANOOR MAIN ROAD, 3RD PARALLEL TO SAMUEL PUBLIC SCHOOL KITHAGANURU BIDARAHALLI HOBLI T.C. PALYA, BANGALORE EAST TALUK BANGALORE - 560 036. (BY SRI MAHESH S.N, ADV.) AND: THE STATE OF KARNATAKA BY AVALAHALLI P.S BANGALORE, REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. (BY SMT. WAHEEDA M.M, HCGP) ...PETITIONER ...RESPONDENT THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CR. NO. 84/2025, FOR THE OFFENCES P/U/S 109, 118(1), 189(2), 190, 191(2), 351(2), 352, 49 OF BNS, PENDING ON THE FILE OF HONBLE ADDL. JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, AT BANGALORE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 3 - NC: 2025:KHC:21044 CRL.P No. 7074 of 2025 C/W CRL.P No. 7076 of 2025 HC-KAR ORAL ORDER 1. Accused Nos.3 and 6 in Crime No.84/2025 registered by Avalahally Police Station, Bengaluru District, for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 351(2), 352 and 49 of BNS, 2023, are before this Court in these two petitions filed under Sections 482 of BNSS, 2023 and 483 of BNSS, 2023, seeking anticipatory bail and regular bail respectively. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.84/2025 was registered by Avalahally Police Station, Bengaluru District, for the aforesaid offences against Pall and others based on the first information dated 16.03.2025 received from injured victim Deeraj Gowda. During the course of investigation, accused No.6 was arrested on 11.04.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.738/2025 was rejected on 03.05.2025. Therefore, he is before this Court in Crl.P.No.7074/2025 seeking regular bail. Apprehending arrest in the case, accused No.3 had filed Crl.Misc.No.537/2025 before the jurisdictional - 4 - NC: 2025:KHC:21044 CRL.P No. 7074 of 2025 C/W CRL.P No. 7076 of 2025 HC-KAR Sessions Court which was rejected on 29.03.2025. Therefore, he is before this Court in Crl.P.No.7076/2025 seeking anticipatory bail. 4. Learned counsel for the petitioners submits that victim has suffered only simple injuries in the incident in question. Accused Nos.1 and 2, who were arrested in the present case have been granted statutory bail. He submits that allegation of assaulting the injured victim is only as against accused Nos.1 and 2. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP has opposed the petitions. She submits that petitioners are persons with criminal antecedents. Accordingly, she prays to dismiss the petitions. 6. A reading of the first information submitted by the injured victim Deeraj Gowda would go to show that he and accused persons named in the FIR are acquainted to each other and there was a dispute between them since accused persons allegedly had assaulted the driver of the first informant’s uncle. Subsequently, first informant was summoned by accused persons for the purpose of settling the dispute and it is alleged - 5 - NC: 2025:KHC:21044 CRL.P No. 7074 of 2025 C/W CRL.P No. 7076 of 2025 HC-KAR that when the first informant went to the place where he was summoned, accused persons had assaulted him. Wound Certificate of the injured victim would go to show that he has suffered only simple injuries in the incident in question. Accused No.6 is arrested in the present case on 11.04.2025. Undisputedly, his name is not found in the FIR. The allegation of assaulting the injured with weapons is as against accused No.1, who has now been enlarged on statutory bail before the Committal Court. Merely for the reason that petitioners are persons with criminal antecedents, their prayer for grant of bail cannot be rejected if it is otherwise found that they have made out a case for grant of bail. Accordingly, the following order:- 7. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner/accused No.3 in the event of his arrest in Crime No.84/2025 registered by Avalahally Police Station, Bengaluru District, for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 351(2), 352 and 49 of BNS, 2023, subject to the following conditions: - 6 - NC: 2025:KHC:21044 CRL.P No. 7074 of 2025 C/W CRL.P No. 7076 of 2025 HC-KAR 1. The Petitioner/accused No.3 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner/accused No.3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner/accused No.3 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner/accused No.3 shall not involve in similar offences in future. 8. The petitioner/accused No.6 is directed to be enlarged on bail in Crime No.84/2025 registered by Avalahally Police Station, Bengaluru District, for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 351(2), 352 and 49 of BNS, 2023, subject to the following conditions: a) Petitioner/accused No.6 shall execute a personal bond for a sum of Rs.1,00,000/- with two - 7 - NC: 2025:KHC:21044 CRL.P No. 7074 of 2025 C/W CRL.P No. 7076 of 2025 HC-KAR sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner/accused No.6 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner/accused No.6 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner/accused No.6 shall not involve in similar offences in future; e) The petitioner/accused No.6 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against
Decision
him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN