SHIVA KUMAR @ SHIVU G v. STATE BY HOSKOTE P.S
Case at a glance
Outcome
Allowed
The petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Bharatiya Nyaya Sanhita, 2023 ss. 115(2), 118(1), 119(1), 189(2), 190, 352
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482
Key paragraphs
- Para 55. Accused Nos.2 and 3 as against whom similar allegations in the information have been granted anticipatory bail by this Court in Crl.P.No.9286/2025 disposed of on 10.07.2025. Undisputedly, the petitioner has no criminal antecedents and he has undertaken to cooperate with the police the purpose…
- Para 66. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.139/2025 registered by Hosakote Police Station, Bengaluru District, for - 4 - NC…
Judgment
(BY SRI VINOD N, ADV.) AND: STATE BY HOSKOTE P.S BANGALORE RURAL REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …PETITIONER …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE ANTICIPATORY BAIL TO PETITIONER I.E., ACCUSED NO.1 IN CRIME NO.139/2025 PENDING ON THE FILE OF THE COURT OF PRL CIVIL JUDGE (SR.DN) & amp; amp; CJM COURT, HOSAKOTE BANGALORE RURAL DISTRICT REGISTERED FOR THE O/P/U/S 115(2), 118(1), 119(1), 189(2), 190, 352 BNS REGISTERED BY THE HOSAKOTE PS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:27103 CRL.P No. 9725 of 2025 HC-KAR ORAL ORDER
Accused no.1 in Crime No.139/2025 registered by Hosakote Police Station, Bengaluru District, for the offences punishable under Sections 115(2), 118(1), 119(1), 189(2), 190, 352 of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.
Heard the learned Counsel for the parties.
FIR in Crime No.139/2025 was registered by Hosakote Police Station, Bengaluru District, for the aforesaid offences against the petitioner and others based on the first information dated 21.05.2025 submitted by Santosh.R who is the alleged victim in the present case. Apprehending arrest in the case, petitioner who is accused no.1 had filed Crl. Misc. No.997/2025 before the jurisdictional Sessions Court, which was rejected on
25.06.2025. Therefore, he is before this Court.
Perusal of the averments made in the first information would go to show that first informant and accused no.1 are acquainted to each other. On 21.05.2025, as per the request of accused no.1, the first informant had sent him non-veg lunch - 3 - NC: 2025:KHC:27103 CRL.P No. 9725 of 2025 HC-KAR on the eve of festival in their village. On the same day at about
7.00 p.m., when accused No.1 met the first informant he allegedly quarreled with him for no reason and thereafter assaulted him. Accused nos.2 and 3 who are the friends of accused No.1 also had assaulted the first informant and thereafter accused persons allegedly had snatched two gold chains from the first informant and escaped.
Accused Nos.2 and 3 as against whom similar allegations in the information have been granted anticipatory bail by this Court in Crl.P.No.9286/2025 disposed of on 10.07.2025. Undisputedly, the petitioner has no criminal antecedents and he has undertaken to cooperate with the police the purpose of investigation. Under circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:
Operative part
The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.139/2025 registered by Hosakote Police Station, Bengaluru District, for - 4 - NC: 2025:KHC:27103 CRL.P No. 9725 of 2025 HC-KAR the offences punishable under Sections 115(2), 118(1), 119(1), 189(2), 190, 352 of BNS, 2023, subject to the following conditions:
1. The Petitioner 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 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner 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 shall not involve in similar offences in future. NMS Sd/- (S VISHWAJITH SHETTY) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Bharatiya Nyaya Sanhita, 2023 — ss. 115(2), 118(1), 119(1), 189(2), 190, 352; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.