Accused in a road-rage FIR under BNS offences sought anticipatory bail after the Sessions Court rejected it. The High Court noted the two-day delay in lodging the FIR, absence of injuries, and that no case was registered against the petitioner after 2018, and granted anticipatory bail with conditions.
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NC: 2024:KHC:47125 CRL.P No. 10588 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10588 OF 2024
BETWEEN:
VIKKY POOJARY @ RAVICHANDRA S/O VIJAY POOJARY AGED ABOUT 35 YEARS R/A NO.19-53-374 GANESH NIVAS K.S. RAO ROAD KARNAD MULKY MANGALORE TALUK D.K. DISTRICT - 574 154.
…PETITIONER
(BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, UDUPI TOWN POLICE STATION, REPRESNTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.
…RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CONNECTION WITH CR.NO.153/2024 PERTAINING UDUPI TOWN P.S. FOR THE OFFENCE P/U/S 115(2),118(1),126(2),109,352,351(2) 3(5) OF BNS ACT NOW PENDING ON THE FILE OF HONBEL COURT OF PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT UDUPI
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:47125 CRL.P No. 10588 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
two days in lodging the first information. Undisputedly, first informant or anybody else have not suffered any injury in the
alleged incident in question. Though it is alleged that petitioner has many criminal cases registered against him, the last criminal case registered against him is in the year 2018. Thereafter, the petitioner has not involved in any criminal case. From the averments found in the first information, it is very clear that the present incident is a case of road rage. Accordingly, he prays to allow the petition.
NC: 2024:KHC:47125 CRL.P No. 10588 of 2024
who was driving the said car got down from his car and after abusing the first informant, he brought a rod from his car and tried to assault the first informant on his head. He allegedly assaulted with the said rod on the stomach of the first informant and also kicked him when he fell down, and thereafter, he left the spot along with accused no.2 who was present in the car. On verification, the first informant learnt that the person who had abused and assaulted him was Vikky Poojary who had many criminal cases against him. Therefore, he had not approached the police immediately, and subsequently, on 29.08.2024, he had approached the police.
NC: 2024:KHC:47125 CRL.P No. 10588 of 2024
cases registered against him, the material on record would go to show that the last criminal case registered against the petitioner was in the year 2018. After 2018, no criminal case has been registered against the petitioner. So far as the present case is concerned, having regard to the averments found in the first information and also taking into consideration that nobody has suffered any injury in the incident in question, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be granted by imposing appropriate conditions. Accordingly, the following order:
NC: 2024:KHC:47125 CRL.P No. 10588 of 2024
with two sureties for the likesum to the satisfaction of the investigating officer.
SD/(S VISHWAJITH SHETTY) JUDGE
KK
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a road-rage case where no injury was suffered and his last prior case dates to 2018.
2 provisions across 2 enactments
Vikky Poojary @ Ravichandra
State of Karnataka (Udupi Town Police Station)
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
