Criminal Petition No. 7216 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18652 CRL.P No. 7216 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7216 OF 2025 BETWEEN: 1. SRI. MADHUSUDHAN H, SON OF HARISH B, AGED ABOUT 39 YEARS, RESIDING AT NO.9/162A, MARIGUDI STREET, KOLLEGALA TOWN, CHAMARAJANAGARA DISTRICT - 571 440. 2. SRI. RAMESH, SON OF NANJUNDAPPA, AGED ABOUT 58 YEARS, NO. 356, 2ND MAIN ROAD, CHENNAKESHAVANAGAR, HOSA ROAD, BANGALORE - 560 100.
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI. PUNITH C, ADVOCATE) AND: STATE OF KARNATAKA BY HEBBAGODI PS, REPRESENTED THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. (BY SRI. RANGASWAMY R, HCGP) …PETITIONERS …RESPONDENT - 2 - NC: 2025:KHC:18652 CRL.P No. 7216 of 2025 HC-KAR THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CRIME NO.0173/2025 REGISTERED BY RESPONDENT HEBBAGODI POLICE, NOW PENDING ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC., ANEKAL, BANGALORE RURAL DISTRICT, FOR THE OFFENCES P/U/S 115(2), 118(1), 140(2), 190, 351(2), 352 OF BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.173/2025 registered by Hebbagodi Police Station, Bangalore, for offences punishable under Sections 115(2), 118(1), 140(2), 190, 351(2), 352 of BNS 2023, are before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. - 3 - NC: 2025:KHC:18652 CRL.P No. 7216 of 2025 HC-KAR 3. First Information Report in Crime No.173/2025 registered by the Hebbagodi Police Station, Bangalore, for the aforesaid offences against the petitioner herein and others, based on the first information dated 10.04.2025 received from Venkataramana C, who is the alleged victim in the present case. Apprehending arrest in the case petitioners had filed Crl.Misc.No.5187/2025 before the jurisdictional Sessions Court, which was rejected on 29.04.2025, therefore they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the first informant, who is the alleged victim in the present case was rescued by the Police on 06.04.2025. There is a delay of four days in lodging the FIR. He submits that accused No.1 has executed a construction agreement with the first informant on 07.11.2024 and therefore, it is apparent that accused No.1 and the first informant are known to each other and only in view of the dispute, which - 4 - NC: 2025:KHC:18652 CRL.P No. 7216 of 2025 HC-KAR has arisen out of the construction agreement, a false criminal case has been registered against the petitioners and others. He submits that petitioners have no criminal antecedents and they are ready and willing to co-operate with the Police for investigation. 5. Per contra, learned HCGP has opposed the petition and submits that investigation of the case is under progress. He submits that victim has suffered grievous injuries in the incident in question. Accordingly, he prays to dismiss the petition. 6. In the first information, which is submitted by the first informant, who is the alleged victim in the present case he has stated that at about 11.30 p.m. on 06.04.2025, when he was in his house about eight persons came to his house and they took him in an auto rickshaw to a isolated place and started torturing him. It is further averred that the said accused persons called his son over phone and demanded a sum of Rs.5,00,000/-, papers - 5 - NC: 2025:KHC:18652 CRL.P No. 7216 of 2025 HC-KAR relating to the house and also blank cheques and threatened him with dire consequences. He has also named the accused persons in the first information and has alleged that when he was in the custody of the accused persons Electronic City Hoysala Police came to the spot and rescued him and thereafter they sent him to Hebbagodi Police Station. The alleged incident in question had taken place on the intervening night of 06.04.2025 and 07.04.2025. First information is belatedly submitted on 10.04.2025. If the first informant was allegedly rescued by the Police, there could not have been any delay in registering the FIR. 7. Learned counsel for the petitioner has produced a copy of the construction agreement. A perusal of the first information would go to show that accused No.1 has executed a sale agreement in favour of the first informant on 07.11.2024 and therefore, it is apparent that accused No.1 and the first informant are acquainted to each other. - 6 - NC: 2025:KHC:18652 CRL.P No. 7216 of 2025 HC-KAR 8. Though learned HCGP has produced a wound certificate dated 15.04.2025, which states that first informant has suffered grievous injuries, a perusal of the said wound certificate would reflect that it does not state the nature of injury suffered by the victim and therefore, it is difficult to place reliance on the said certificate. 9. Considering the aforesaid aspects of the matter and more so the delay in submitting the first information, which is not properly explained, I am of the opinion that prayer made by the petitioners, who have no other criminal antecedents needs to be answered in the affirmative. Hence the following:-
Decision
ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.173/2025 registered by Hebbagodi Police Station for the offences punishable under Sections 115(2), 118(1), 140(2), 190, 351(2), 352 of BNS 2023, subject to the following conditions: - 7 - NC: 2025:KHC:18652 CRL.P No. 7216 of 2025 HC-KAR a. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute personal bonds for a sum of Rs.1,00,000/-(One lakh only) each, with two sureties for the likesum to the satisfaction of the investigating officer. b. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. Petitioners shall not tamper with the prosecution witness and shall co-operate with the Police for investigation and appear before them whenever called upon. d. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NG List No.: 1 Sl No.: 65 CT: BHK