Criminal Petition No. 7137 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18343 CRL.P No. 7137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7137 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: LAKSHMIKANTHA @ KANTHARAJU S/O. ANNAYYAPPA @ RAMESH AGED ABOUT 35 YEARS, R/O. BANTANAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT - 563 130 PERMANENT ADDRESS PADAVANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR - 563 130.
Legal Reasoning
(BY SRI. ANAND R.V., ADVOCATE) AND: STATE OF KARNATAKA REP. BY SUB INSPECTOR, MALUR POLICE STATION, MALUR TALUK, KOLAR DISTRICT - 563 130 REP. BY STATE PUBLIC PROSECUTOR, OFFICE ATTACHED TO HIGH COURT BUILDING, DR. B.R. AMBEDAKAR VEEDHI, BENGALURU - 560 001. (BY SMT. WAHEEDA M.M., ADVOCATE) …PETITIONER …RESPONDENT Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18343 CRL.P No. 7137 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.88/2025 OF MALUR P.S., KOLAR DISTRICT, FOR THE OFFENCES P/U/S 189(2), 191(3), 118(1), 109, 103(1), 190 OF BNSS, 2023, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, AT MALUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the accused No.4/petitioner seeking for regular bail in Crime No.88/2025, registered by the Malur Police Station, Kolar for the offences punishable under Sections 189(2), 191(3), 118(1), 109, 103(1), 190 of BNS, 2023. Brief facts of the case: 2. The case of the prosecution is that the complainant has given his statement at Malur Government Hospital stating that, he had intended to dig the borewell in his land. He had entrusted the work of digging the borewell to the agency. The lorry which carrying the material was moving to the land of the complainant through the land of the accused. In the said - 3 - NC: 2025:KHC:18343 CRL.P No. 7137 of 2025 event, the crops of accused No.1, especially one line of green chilly crops had been destroyed. 3. The accused No.1 quarreled with the complainant and stopped the lorry from moving further. However, the complainant made some alternative arrangement to bring the lorry to his land for the purpose of digging the borewell. By that time, the complainant had decided to stop the work of digging the borewell till morning. In the meantime, the complainant and his brothers and others were sleeping in the said land anticipating the quarrel. 4. The accused had called the people from Tamilnadu for the purpose of eliminating the complainant and others. Persons who came in three cars, with an intention to commit the murder of three persons, had deliberately tried to run over the cars on the complainant and others. In the said scuffle, the complainant and others had sustained severe injuries and his one of the younger brothers had sustained severe injuries and he died during the journey to the hospital. Therefore, the complaint came to be registered against the accused. The petitioner is one of the accused seeking for bail. - 4 - NC: 2025:KHC:18343 CRL.P No. 7137 of 2025 5. Heard Sri Anand R.V., learned counsel for the petitioner and Smt. Waheeda M.M., learned High Court Government Pleader for the respondent. 6. It is the submission of the learned counsel for the petitioner is that the petitioner is arrayed as accused No.4. There is no overt-act against him either in the complaint or in the remand application. 7. It is further submitted that the case of the prosecution is that the accused in order to commit murder of the complainant and others, ran over the cars on the complainant and others and caused severe injuries. One of the injured died in the said incident. However, the present petitioner was driving the said vehicle or not is not forthcoming in the remand application. Therefore, it is appropriate to grant bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per contra, the learned High Court Government Pleader vehemently opposed the arguments urged on behalf of the petitioner and submitted that the petitioner is one of the accused and had the intention to commit murder of the complainant and others. Therefore, he is not entitled for bail. - 5 - NC: 2025:KHC:18343 CRL.P No. 7137 of 2025 Making such submissions, learned High Court Government Pleader prays to reject the petition. 9. Heard the learned counsel for the respective parties, perused the averments of the complaint and the remand application. It appears from the records that one of the accused drove the car on the complainant and others and also committed murder of one of the victim. However, whether the present petitioner was driving the said car or not is not forthcoming. Therefore, the petitioner is entitled for bail. 10. Hence, I proceed to pass the following:
Decision
ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.88/2025 of the respondent – Police, pending on the file of the Principal Civil Judge (Jr.Dn) and J.M.F.C Court at Malur, Kolar District, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: - 6 - NC: 2025:KHC:18343 CRL.P No. 7137 of 2025 a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) c) d) The petitioner shall appear before the Trial Court on all dates of hearing without fail. The petitioner shall not threaten nor tamper the prosecution witnesses. The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. SD/- (S RACHAIAH) JUDGE AMM List No.: 1 Sl No.: 25