Criminal Petition No. 7172 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18344 CRL.P No. 7172 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. 7172 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. CHETHAN S/O RANGAIAH AGED ABOUT 24 YEARS, 2. RANGAIAH S/O LATE SIDDAIAH AGED ABOUT 60 YEARS, BOTH ARE R/AT OORUKERE VILLAGE, KASABA HOBLI, TUMKURU TQ AND DISTRICT, KARNATAKA -572 106. …PETITIONERS
Legal Reasoning
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
Legal Reasoning
(BY SRI. RAGHAVENDRA A.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY TUMKURU RURAL POLICE STATION, TUMKURU TQ AND DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. - 2 - NC: 2025:KHC:18344 CRL.P No. 7172 of 2025 2. SMT. THOLASAMMA W/O LATE SIDDAIAH, AGED ABOUT 60 YEARS, R/AT A. K. COLONY OORUKERE HOBLI, TUMKURU TQ AND DISTRICT, KARNATAKA - 572 106. …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS, IN THE EVENT OF THEIR ARREST BY THE RESPONDENT U/S 115(2), 352, 329(40), 351(1), 109 R/W 3(5) OF BNS ACT AND SUBMITTED FIR IN CR.NO.94/2025 DATED 22.04.2025 BEFORE THE HONBLE 1ST ADDL.CIVIL JUDGE (J.D) AND JMFC AT TUMKUR ON THE FILE OF THE RESPONDENT POLICE. THE PRL.DISTRICT AND SESSIONS JUDGE, TUMKUR HAS DISMISSED THE BAIL PETITION ON 06.05.2025 IN CRL.MISC.NO.581/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 3 - NC: 2025:KHC:18344 CRL.P No. 7172 of 2025 ORAL ORDER This petition is filed by accused Nos.3 and 4 seeking for anticipatory bail in Crime No.94/2025, registered by the Tumakuru Rural Police Station, Tumkuru for the offences punishable under Sections 115(2), 352, 329(4), 351(2), 109 read with 3(5) of BNS, 2023. Brief facts of the case: 2. It is the case of the prosecution that on 22.04.2025 at about 5.30 PM, the complainant lodged a complaint stating that on 21.04.2025 around 7.00 P.M., the accused persons holding the lethal weapons viz., iron rod and trespassed into the house and assaulted her son and caused injuries. Therefore, she lodged a complaint against the accused. 3. Based on the said complaint, the respondent police have registered a case in Crime No.94/2025 and investigation is being conducted. The present petitioners are arrayed as accused Nos.3 and 4, seeking for anticipatory bail. - 4 - NC: 2025:KHC:18344 CRL.P No. 7172 of 2025 4. It is the submission of the learned counsel for petitioners that the petitioners have been falsely implicated in this case. They are innocent of the alleged offences. 5. It is further submitted that Manoj married the daughter of petitioner No.4. There was a dispute between Manoj and Pavitra. When the petitioners enquired the said Manoj about the desertion of Pavitra, a false case has been registered against the petitioners by using the political influence. 6. It is further submitted that, though a case has been registered under Section 109 of BNS, 2023, the fact remains that, the alleged injuries are simple in nature. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. 7. Per contra, learned High Court Government Pleader vehemently submitted that though the petitioners are seeking anticipatory bail, the accused persons are in the habit of committing serious crimes in the village. Many criminal cases have been registered against them. - 5 - NC: 2025:KHC:18344 CRL.P No. 7172 of 2025 These petitioners were granted bail in the said criminal cases and again, they have been committing similar offences. Hence, it is not appropriate to grant bail. 8. Heard the learned counsel for the respective parties and perused the averments of the complaint. The petitioners are arrayed as accused Nos.3 and 4. It is stated in the complaint that four persons trespassed into the house of the complainant and assaulted her son. The allegations made against these petitioners are that they have assaulted the son of the complainant with their hands. Even though, the names of the petitioners who are not found in the complaint, their names have been found a place in the FIR, that itself would indicate that, prima-facie the petitioners have made out the case to grant bail. Mere pendency of criminal case against the petitioners may not be the ground to deny the bail in such case. 9. Hence, I proceed to pass the order: - 6 - NC: 2025:KHC:18344 CRL.P No. 7172 of 2025
Decision
O R D E R i) The petition is allowed. ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.94/2025 registered by respondent police for the offences punishable under Sections 115(2), 352, 329(4), 351(2), 109, R/w 3(5) of BNS Act, 2023 pending on the file of the I Addl. Civil Judge (J.D) and J.M.F.C at Tumkur, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) each with one surety each for the likesum to the satisfaction of the jurisdiction police. b) The petitioners shall appear before the respondent police within one month from today to execute the bond and also the surety. c) The petitioners shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and they have to affix their signature till filing of the charge sheet. - 7 - NC: 2025:KHC:18344 CRL.P No. 7172 of 2025 d) The petitioners shall not threaten or tamper the prosecution witnesses. e) The petitioners shall not commit similar offences till disposal of the case. f) The petitioners shall appear before the Trial Court on all hearing dates without fail. g) The Registry is directed to communicate this order to the jurisdictional Police Station forthwith. In case, if the petitioners 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.: 3