Criminal Petition No. 7411 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19194 CRL.P No. 7411 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7411 OF 2025 BETWEEN: 1. RAMECHANDREGOWDA G.R S/O LATE RANGEGOWDA AGED ABOUT 61 YEARS R/O GANGURU VILLAGE HALEBEEDU HOBLI, BELUR TALUK HASSAN DISTRICT - 573 121. 2. SIDDESH G.H. S/O HULIGOWDA AGED ABOUT 42 YEARS R/O SUBASH NAGAR THANNERUHALLA HASSAN - 573 201. 3. MUDALAGIRIGOWDA S/O HOOVEGOWDA AGED ABOUT 57 YEARS R/O GANGURU VILLAGE HALEBEEDU HOBLI, BELUR TALUK HASSAN DISTRICT - 573 121. 4. GURUMURTHY S/O VEERABHADREGOWDA AGED ABOUT 45 YEARS R/O GANGURU VILLAGE HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 121. 5. SHIVALINGEGOWDA S/O EREGOWDA AGED ABOUT 61 YEARS R/O GANGURU VILLAGE HALEBEEDU HOBLI, BELUR TALUK HASSAN DISTRICT - 573 121.
Facts
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:19194 CRL.P No. 7411 of 2025 HC-KAR 6. BASAVANAYAKA S/O RANGANAYAKA AGED ABOUT 55 YEARS R/O GANGURU VILLAGE HALEBEEDU HOBLI, BELUR TALUK HASSAN DISTRICT - 573 121.
Legal Reasoning
proximity with the death of deceased and therefore, prima facie the alleged offences gets attracted against the petitioners. Accordingly, he prays to dismiss the petition. 6. From a perusal of the material on record, it is found that deceased was working as Chief Archaka for the last about 15 years in Shree Ranganathaswamy Temple, Ganguru Village, Hassan District. Accused Nos.3 to 6 are said to be the members of the Managing Committee of the said Temple. In the first information, it is alleged that in the year 2012, there was a dispute after the dalits were allowed to enter the Temple and thereafter, the Managing Committee members had vengeance - 5 - NC: 2025:KHC:19194 CRL.P No. 7411 of 2025 HC-KAR against the deceased and they were unnecessarily harassing him and interfering with his work in the Temple. It is also further alleged that on 05.05.2025, accused persons along with Village Accountant had come to the Temple and on the said date, after the Archaka had submitted the accounts to the Village Accountant, the members of the Managing Committee allegedly had asked the Archak to hand over the gold ornaments of the Temple which was refused by the Archaka stating that the same shall be handed over to the concerned Department. The Committee members therefore, had made allegations against the Archaka about he committing theft of gold ornaments and also forcibly undressed him in front of villagers. According to the first informant, his father who was shamed thereafter had committed suicide on 08.05.2025 by hanging himself inside the Temple. 7. Learned counsel for the petitioners has produced copy of the representation dated 07.05.2025 submitted by the Committee members of Ganguru Shree Ranganathaswamy Seva Samithi, addressed to the Tahsildar wherein it has been stated that on 05.05.2025, Village Accountant, Mujarai Officers, Committee members and other villagers had gone to the Temple for the - 6 - NC: 2025:KHC:19194 CRL.P No. 7411 of 2025 HC-KAR purpose of counting the money in the Hundi and after the accounts were taken, when the statement of the Pradaana Archaka i.e., the deceased was recorded, he had misbehaved with the Officers and also undressed himself and therefore, request was made in the said representation to remove the Archaka from his duties. It is only after the said representation was submitted, the deceased has committed suicide on 08.05.2025 by hanging himself inside the temple. The deceased prior to committing suicide has not made any complaint to the competent authority with regard to the alleged incident that had taken place on 05.05.2025 as alleged by the first informant in the present case who is the son of the deceased. Under the circumstances, I am of the opinion that the prayer made by the petitioners, who have undertaken to cooperate with the police for the purpose of investigation, for grant of anticipatory bail, needs to be answered affirmatively. Accordingly, the following order:- 8. 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.82/2025 registered by Halebeedu Police Station, Hassan, for the - 7 - NC: 2025:KHC:19194 CRL.P No. 7411 of 2025 HC-KAR offences punishable under Sections 352, 351, 351(2), 351(3), 108, 190 and 115(2) of BNS, 2023, subject to the following conditions: 1. 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 a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN
Arguments
(BY SRI SHARASS CHANDRA M, ADV.) AND: STATE OF KARNATAKA BY HALEBEEDU P.S. HASSAN DISTRICT, (REP.BY SPP HIGH COURT OF KARNATAKA AT BANGALORE - 560 001) …PETITIONERS …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL IN CR.NO.82/2025 OF RESPONDENT HALEBEEDU POLICE BELUR TALUK HASAN DISTRICT FOR THE OFFENCE P/U/S 352,351,351(2),351(3),108,109,115(2) OF BNS 2023 NOW THE CASE IS PENDING ON THE FILE OF THE HONBLE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT BELUR TALUK HASSAN DISTRICT. 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 to 6 in Crime No.82/2025 registered by Halebeedu Police Station, Hassan, for the offences punishable under Sections 352, 351, 351(2), 351(3), 108, 190 and 115(2) of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. - 3 - NC: 2025:KHC:19194 CRL.P No. 7411 of 2025 HC-KAR 2. Heard the learned counsel for the parties. 3. FIR in Crime No.82/2025 was registered by Halebeedu Police Station, Hassan, for the aforesaid offences against petitioners herein based on the first information dated 08.05.2025 submitted by Sharath G R, son of deceased Rangaswamy. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.469/2025 before the jurisdictional Sessions Court which was rejected on 17.05.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that accused Nos.3 to 6 are the members of the Managing Committee of the Mujarai Temple in which the deceased was working as Archaka. On 05.05.2025, the members of the Managing Committee of the Temple along with Village Accountant and Mujarai Officer had visited the Temple for the purpose of counting the money in the Hundi of the Temple and when the statement of Archaka with regard to pooja and gold ornaments of the Temple was taken, Archaka had misbehaved with the officers and in respect of the said incident, on 07.05.2025, the Managing Committee members had submitted a complaint before the jurisdictional - 4 - NC: 2025:KHC:19194 CRL.P No. 7411 of 2025 HC-KAR Tahsildar and it is only thereafter, Archaka had committed suicide. He submits that it is in this background, a false complaint has been lodged by the son of deceased only with an intention to harass and coerce the petitioners herein. Petitioners are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that the alleged act committed by petitioners has got