Sri. Praveena Vs State of Karnataka — Bail and Remand | Karnataka HC (2025)

Sri. Praveena Vs State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both Crl.P. No.13514/2024 and Crl.P. No.13523/2024 allowed: accused Nos.1 and 2 enlarged on regular bail and accused Nos.7 and 8 to be released in the event of arrest in Crime No.213/2024, subject to enumerated conditions (personal bond Rs.1,00,000/- each with two like sureties; proof of residence/contact; no tampering with witnesses/evidence; cooperation with investigation; maintenance of peace; regular attendance before the trial Court).

Issue for consideration

Whether accused Nos.1 and 2 (seeking regular bail) and accused Nos.7 and 8 (seeking anticipatory bail) in Crime No.213/2024 of Krishnarajapete Town Police Station, Mandya are entitled to the relief sought, notwithstanding the grievous injuries alleged by the prosecution and investigation in progress. +1 more

Ratio / Principle

In the facts and circumstances of the case (including the counter case and the land-dispute background), the relief sought in both petitions can be granted by imposing conditions; accordingly both petitions were allowed.

Key takeaways

Petitioners/accused Nos.1 and 2 in Crime No.213/2024 of Krishnarajapete Town Police Station, Mandya shall be enlarged on bail subject to conditions, including execution of a personal bond of Rs.1,00,000/- each with two sureties for likesum.ratio¶77
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 conditions, including appearing before the Investigating Officer within one week and executing a personal bond of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum.ratio¶86

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Mohammad Nawaz, J.), Oral Order dated 17.01.2025 in Crl.P. No.13514/2024 c/w Crl.P. No.13523/2024: Criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after the III Addl. District and Sessions Judge, Mandya (Sitting at Srirangapatna) rejected the bail pleas on 20.11.2024 (Crl.Misc.Nos.5354/2024 and 5353/2024). FIR in Crime No.213/2024 of Krishnarajapete Town Police Station, Mandya names eleven accused for offences under sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 352, 109(1), 351(2), 324(2) and 190 of BNS, 2023, on the complaint of Devaraju C.S. that on 23.10.2024 at about 8 p.m. an unlawful assembly armed with chopper, clubs, repiece patti, etc., assaulted him, his brothers Yogesha and Sathisha and his daughter Soundarya; the injured were treated at Government Hospital, Krishnarajapete and Soundarya was moved to Mysuru. The Court noted the counter FIR (Crime No.216/2024, printed once as 216/2014) on Girija's complaint (she being wife of Chandregowda, accused No.4) under parallel BNS 2023 sections including 74 and 54, the land-dispute origin of the mutual assaults, injuries to Rajegowda, Puneetha and Praveena in the counter case, and that accused No.3 was already on bail. Holding that the relief sought could be granted by imposing conditions, the Court allowed both petitions: accused Nos.1 and 2 (Praveena and Puneetha) enlarged on regular bail and accused Nos.7 and 8 (Kiran and Charan) to be released in the event of arrest, each on a personal bond of Rs.1,00,000/- with two like sureties, with conditions as to residence/contact particulars, non-tampering, cooperation with investigation, peace and regular court attendance; violation of any condition to entail cancellation of bail.

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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 17^TH 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:

SRI. PRAVEENA S/O. RAJU @ RAJEGOWDA, AGED ABOUT 43 YEARS,

Digitally signed by LAKSHMI T Location: High Court of Karnataka

SRI. PUNEETHA S/O. RAJU @ RAJEGOWDA, AGED ABOUT 38 YEARS, RESIDING AT CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571 426.

…PETITIONERS

(BY SMT. VINITA J.D., ADVOCATE FOR SRI. DEVENDRAPPA.,ADVOCATE)

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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:

SRI. KIRAN S/O CHANDREGOWDA, AGED ABOUT 26 YEARS,

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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

...PETITIONERS

(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.

...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.

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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.

Heard both sides and perused material on

record.

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.

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NC: 2025:KHC:1899 CRL.P No. 13514 of 2024 C/W CRL.P No. 13523 of 2024

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.

Injured have taken treatment at Government Hospital, Krishnarajapete. Complainant's daughter Soundarya was shifted for higher treatment to Mysuru.

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

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.

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.

The incident has taken place on account of

a land dispute wherein both the parties have

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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 .

Learned counsel for the petitioners has submitted that accused No.3 has been enlarged on bail by the learned Sessions Judge.

In the above facts and circumstances of

the case, relief sought for in these petitions can be granted by imposing conditions. Accordingly, the following:-

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

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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.

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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.

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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

Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection of the bail petitions by the III Additional District and Sessions Judge, Mandya (sitting at Srirangapatna) on 20.11.2024 - Crl.Misc.No.5354/2024 (petitioners Praveena and Puneetha) and Crl.Misc.No.5353/2024 (petitioners Kiran and Charan).¶23
III ADDL. DIST. AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) · 20.11.2024
Prior proceeding
First Information Report in Crime No.213/2024 of Krishnarajapete Police Station, Mandya 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.¶50
Prior proceeding
Complaint lodged by Devaraju C.S. alleging that on 23.10.2024 at about 8 p.m. all the accused formed an unlawful assembly armed with chopper, clubs, repiece patti, etc., and assaulted him, his brothers Yogesha and Sathisha and his daughter Soundarya.¶54
Prior proceeding
Injured persons treated at Government Hospital, Krishnarajapete; complainant's daughter Soundarya shifted to Mysuru for higher treatment.¶55
Prior proceeding
Prosecution contention (High Court Government Pleader): the injured Soundarya, Sathisha and Yogesha sustained grievous injuries; investigation under progress; dismissal of the petitions sought.¶57
Prior proceeding
Counsel pointed to a counter case registered against the complainant and 11 others for the same-day incident at about 7.30 p.m. (printed as Crime No.216/2014 in this paragraph; recorded as printed).¶59
Prior proceeding
FIR in Crime No.216/2024 of Krishnarajapete Town Police Station, Mandya, registered against Devaraju C S and others on a complaint lodged by Girija, wife of Chandregowda (accused No.4 in the present case), for offences under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 74, 54, 352, 351(2) and 190 of BNS, 2023.¶61
Prior proceeding
Incident arose out of a land dispute with mutual club assaults; in the counter case Rajegowda, Puneetha and Praveena are alleged injured and are arraigned as accused Nos.3, 2 and 1 respectively in the present FIR.¶66
Prior proceeding
Counsel submitted that accused No.3 had already been enlarged on bail by the learned Sessions Judge.¶67