Criminal Petition No. 13514 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13514 OF 2024 C/W CRIMINAL PETITION NO. 13523 OF 2024 IN CRL.P No. 13514/2024 BETWEEN: 1. SRI. PRAVEENA S/O. RAJU @ RAJEGOWDA, AGED ABOUT 43 YEARS, 2. SRI. PUNEETHA Digitally signed by LAKSHMI T Location: High Court of Karnataka S/O. RAJU @ RAJEGOWDA, AGED ABOUT 38 YEARS, RESIDING AT CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571 426. …PETITIONERS
Legal Reasoning
(BY SMT. VINITA J.D., ADVOCATE FOR SRI. DEVENDRAPPA.,ADVOCATE) - 2 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 AND: STATE OF KARNATAKA K R PETE TOWN POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 021. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 483 OF BHARATIYA NAGARIK SURAKSHA SANHIT, 2023 PRAYING TO GRANT BAIL DIRECTING STATION HOUSE OFFICER, K.R. PETE TOWN POLICE, TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.213/2024 REGARDING THE OFFENCE P/U/S 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 352, 109(1), 351(2), 324(2), 190 OF BNSS ACT, 2023 ON SUITABLE CONDITIONS IN THE LIGHT OF THE FACTS AND CIRCUMSTANCES OF THE CASE; THE III ADDL. DIST. AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPTNA) HAS REJECTED THE BAIL PETITION ON 20.11.2024 IN CRL.MISC.NO.5354/2024. IN CRL.P NO. 13523/2024 BETWEEN: 1. SRI. KIRAN S/O CHANDREGOWDA, AGED ABOUT 26 YEARS, - 3 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 2. SRI CHARAN S/O CHANDREGOWDA, AGED ABOUT 23 YEARS, BOTH ARE R/O CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K.R.PETE TALUK, MANDYA DISTRICT-571426 (BY SMT.VINITA J.D.,ADVOCATE FOR SRI. DEVENDRAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA BY K.R. PETE POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-01. ...PETITIONERS ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 483 OF BHARATIYA NAGARIK SURAKSHA SANHIT, 2023 PRAYING TO GRANT BAIL DIRECTING STATION HOUSE OFFICER K.R.PETE TOWN POLICE TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.213/2024 REGARDING THE OFFENCES P/U/S 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 352, 109(1), 351(2), 324(2), 190 OF BNSS ACT; THE III ADDL.DISTRICT AND SESSIONS JUDGE MANDYA (SITTING AT SRIRANGAPATNA) HAS REJECTED THE BAIL PETITION ON 20.11.2024 IN CRL.MISC.NO.5353/2024. - 4 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Crl.P. No.13514/2024 is filed by accused Nos.1 and 2 seeking regular bail and Crl.P. No.13523/2024 is filed by accused Nos.7 and 8 seeking anticipatory bail. 2. Heard both sides and perused material on record. 3. First Information Report in Crime No.213/2024 of Krishnarajapete Police station, Mandya is registered against accused Nos.1 to 11 for offences punishable under sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 352, 109(1), 351(2), 324(2), 190 of BNS, 2023. - 5 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 4. In the complaint lodged by one Devaraju C.S., he has alleged that on 23.10.2024 at about 8pm, all the accused having formed an unlawful assembly armed with chopper, clubs, repiece patti, etc., assaulted him, his brothers by name Yogesha and Sathisha and his daughter Soundarya etc. 5. Injured have taken treatment at Government Hospital, Krishnarajapete. Complainant's daughter Soundarya was shifted for higher treatment to Mysuru. 6. Learned High Court Government Pleader has contended that the injured Soundarya, Sathisha and Yogesha have sustained grievous injuries. Investigation is under progress and therefore, the petitioners are not entitled for the relief sought for by them and sought to dismiss the petitions. - 6 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 7. Learned counsel for the petitioners has brought to the notice of the Court that there is counter case registered in Crime No.216/2014 against the complainant and 11 others in respect of the incident which took place on the same day, at about 7.30pm. 8. I have perused the contents of First Information Report in Crime No.216/2024 of Krishnarajapete Town Police Station, Mandya registered against Devaraju C S, and others, on a complaint lodged by one Girija, wife of Chandregowda, that is accused No.4 in the present case. Said case is registered for offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 74, 54, 352, 351(2) and 190 of BNS, 2023. 9. The incident has taken place on account of a land dispute wherein both the parties have - 7 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 indulged in assaulting each other with clubs etc. In the counter case, one Rajegowda, Puneetha and Praveena are alleged to have sustained injuries. They are arraigned as accused Nos.3, 2 and 1 respectively in the present case filed by Sri Devaraju C.S/Complainant . 10. Learned counsel for the petitioners has submitted that accused No.3 has been enlarged on bail by the learned Sessions Judge. 11. In the above facts and circumstances of the case, relief sought for in these petitions can be granted by imposing conditions. Accordingly, the following:-
Decision
ORDER (i) Crl.P. No.13514/2024 and Crl.P. No.13523/2024 are allowed. (ii) Petitioners/accused Nos.1 and 2 in Crime No.213/2024 of Krishnarajapete Town Police - 8 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 Station, Mandya shall be enlarged on bail subject to the following Conditions: (a) They shall execute a personal bond in a sum of Rs.1,00,000/- each with two sureties for likesum to the satisfaction of the jurisdictional Court. (b) They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. (c) They shall not directly or indirectly tamper with the prosecution witnesses. (d) They shall cooperate with the investigation. (e) They shall maintain peace and harmony and shall not indulge in committing any office. (f) They shall appear before the trial Court regularly on all dates of hearing. - 9 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 (iii) Petitioners/accused Nos.7 and 8 in Crime No.213/2024 of Krishnarajapete Town Police Station, Mandya shall be released in the event of their arrest, 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.1,00,000/- (Rupees One Lakh 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 co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. - 10 - NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024 e) They shall be regular in attending the Court proceedings. f) They shall maintain peace and harmony and shall not indulge in committing any offence. Violation of any of the conditions by the petitioners shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NV