Criminal Petition No. 13218 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13218 OF 2024 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SRI. SHIVARAJU, S/O HUCHAIAH, AGED ABOUT 58 YEARS, 2. SRI. BHARATH B.S, S/O SHIVARAJU B.S, AGED ABOUT 21 YEARS, 3. RAMA @ RAMAKRISHNA J.R, S/O RAJU, AGED ABOUT 33 YEARS,
Legal Reasoning
4. SMT. RAJANI, W/O MANJUNATH B.H, AGED ABOUT 33 YEARS, ALL ARE R/AT BEERESHWARA VILLAGE, MANDYA TALUK AND DISTRICT - 571 432. …PETITIONERS (BY SRI. HAREESH KUMAR N.T, ADVOCATE) AND: STATE OF KARNATAKA BY NAGAMANGALA TOWN POLICE, REPRESENTED BY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. (BY MS. ASMA KOUSER, ADDL. SPP) …RESPONDENT THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO PASS AN ORDER OF ANTICIPATORY BAIL AND DIRECT THE RESPONDENT/POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.82/2024 REGISTERED BY RESPONDENT/POLICE, PENDING BEFORE CIVIL JUDGE (SR.DVN) AND JMFC COURT, NAGAMANGALA, MANDYA DISTRICT, FOR THE OFFENCES P/U/S 109, 118(1), 119(1), 189(2), 190, 329(4), 351(2), 352 OF BNSS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/Accused Nos.2, 3, 5 and 6 in Crime No.85/2024 of Nagamangala Town Police Station, Mandya, have preferred this petition seeking anticipatory bail. - 3 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 2. Heard the learned counsel for the petitioners, learned Additional SPP for the State and perused the material on record. 3. F.I.R is registered on a complaint lodged by one Junjayya against Accused Nos.1 to 6 for offences punishable under Section 109, 118(1), 119(1), 189(2), 190, 329(4), 351(2), 352 of BNS 2023. 4. It is alleged that on 21.08.2024 at about 12.00 noon, all the accused have come near the house of the complainant armed with chopper, club and stones and assaulted complainant's son by name Javarappa and took away a cash of Rs.50,000/-, two gold chains, gold rings, a pair of ear-stud etc. 5. It is contended by the learned counsel for the petitioners that the petitioners are implicated in a false case as a counter-blast to the complaint lodged by Manjunath (Accused No.1) against Javarappa and others. He submitted that the petitioners have no criminal - 4 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 antecedents and therefore, by imposing any conditions, they may be enlarged on bail. 6. Learned Additional SPP has contended that the petitioners have come to the spot armed with deadly weapons and the injuries sustained by Javarappa are grievous in nature. It is also contended that the petitioners are required for custodial interrogation as they have robbed cash and gold jewelleries from the house of complainant. She has therefore, sought to dismiss the petition. 7. Learned counsel for the petitioners has furnished a copy of the F.I.R in Crime No.80/2024 registered at Nagamangala town Police Station on a complaint lodged by one Manjunath who is arrainged as Accused No.1 in the present case. The said case is registered against Javarappa and four others for offence punishable under Sections 109, 118(1), 119(1), 189(2), 190, 329(4), 351(2) and 352 of BNS, 2023. It is alleged that at about 11 - 11.40 a.m., on 21.08.2024, the accused therein - 5 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 picked up quarrel with the complainant and Accused No.1/Junjaiah tried to assault him with a chopper and when he escaped, he sustained a minor injury to his hand. The said accused once again tried to assault him with stone and picked up quarrel with the complainant's wife and son and Accused No.1 assaulted on the head of complainant's son with a wooden club etc. 8. Learned counsel for the petitioner has contended that complainant's son has sustained grievous injuries to his head and he was given treatment at Government hospital, Nagamangala and shifted to Adi Chunchanagiri hospital for higher treatment and admitted there as an in-patient. 9. The allegations against the petitioners in the instant case are that, all the accused went near the house of complainant, armed with weapons like chopper, club, stone etc., trespassed into the house and assaulted the complainant and his son by name Javarappa and took away a cash of Rs.50,000/- and gold jewellery. - 6 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 10. It appears that the incident took place on account of a previous incident which took place at about 11.00 a.m., wherein the complainant's son by name Javarappa and others have assaulted one Mallesh.P.M, son of Accused No.1 in this case. As per complaint averments, Accused No.5 was armed with a chopper and he assaulted Javarappa with the said chopper on his chin. Accused No.6 is alleged to have assaulted with a club and Accused Nos.2 and 4 are alleged to have assaulted with stones. 11. Considering the entire facts and circumstances of the case, Accused No.5 is not entitled for the relief sought in the petition. However, petitioner Nos.1, 2 and 4, viz., Accused Nos.2, 3 and 6 can be granted the relief by imposing conditions. Accordingly, the following:
Decision
ORDER (i) Petition is partly allowed in respect of Petitioner Nos.1, 2 and 4. - 7 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 Petitioner Nos.1, 2 and 4/Accused Nos.2, 3 and 6 are ordered to be released in the event of their arrest in Crime No.82/2024 of Nagamangala town Police Station, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two sureties, for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. (ii) Petition is dismissed in respect of Petitioner No.3/Accused No.5. - 8 - NC: 2025:KHC:1680 CRL.P No. 13218 of 2024 Accused No.5 is permitted to file regular bail application before the jurisdictional Court and the said petition be disposed of expeditiously, in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE BNV List No.: 1 Sl No.: 31 CT: BHK