Sri.Mohan Vs the State of Karnataka

SMT. KALAVATHI W/O B E CHANDUR D/O LATE MAADHU AGED ABOUT 54 YEARS R/AT BYRAPATNA VILLAGE MALURU HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT NOW BANGLAORE SOUTH -562 117.

¶14

2 - NC: 2025:KHC:50202 CRL.P No. 15179 of 2025

¶15

HC-KAR

¶16

PRUTHVI @ PRUTHVI NANDANA M D S/O DHARMANANDANA M V AGED 26 YEARS R/AT MATHIKERE VILLAGE SHETTIKERE POST MALURU HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT NOW BANGALORE SOUTH 3 562 117.

¶17

&PETITIONERS

¶18

(BY SRI. PRAKASH M H, ADVOCATE)

¶19

AND:

¶20

THE STATE OF KARNATAKA REP. BY CHANNAPATNA RURAL POLICE STATION THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

¶21

&RESPONDENT

¶22

(BY SRI CHANNAPPA ERAPPA, HCGP)

¶23

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 76,115(2),118(1),352,351(2)(3)(5) OF BNS, 2023 WHICH IS NOW PENDING BEFORE THE PRINCIPAL CIVIL JUDGE(JUNIOR DIVISION), JMFC CHANNAPATTANA, CRIME No.07/2025 RAMANAGARA IN CC No.576/2025 WITH RESPONDENT No.1 , THE CHANNAPATNA RURAL POLICE.

¶24

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶25

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶26

3 -

¶27

NC: 2025:KHC:50202 CRL.P No. 15179 of 2025

¶28

HC-KAR

¶29

ORAL ORDER

¶30

This petition is filed by accused Nos.1 to 4 under

¶31

Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.7/2025 of Channapatna Rural Police Station registered for offences punishable under Sections 76, 115(2), 118(2), 352, 351(2), 3(5) of BNS pending in C.C.No.576/2025 on the file of Principal Civil Judge and JMFC, Channapatna.

¶32

Heard learned counsel for petitioners and

¶33

learned High Court Government Pleader for the respondent 3State.

¶34

Learned counsel for petitioners would contend

¶35

that there is civil dispute between petitioners and the injured and others in O.S.No.29/2025. The said suit has been filed by petitioners. There was brawl between the two groups and in the said incident both sides sustained injuries. Even though incident has taken place on 16.01.2025, complaint has been filed on 22.01.2025 and there is a delay in filing the complaint. The complaint filed

¶36

4 -

¶37

NC: 2025:KHC:50202 CRL.P No. 15179 of 2025

¶38

HC-KAR

¶39

by petitioner No.2 -accused No.2 has been registered in Crime No.8/2025 for similar offences. As the charge sheet is filed, petitioners are not required for custodial interrogation. There are no criminal antecedents of petitioners. With this, he prayed to allow the petition.

¶40

Per contra , learned High Court Government Pleader for the respondent 3State would contend that charge sheet has been filed and the Court has issued NBW against petitioners. If, petitioners are granted bail, there are chances of they absconding, delay the trial and threaten the prosecution witnesses. With this, he prayed to reject the petition.

¶41

Having heard learned counsels, the Court has

¶42

perused the charge sheet and other materials placed on record.

¶43

As per charge sheet, the case of the prosecution is that on 16.01.2025 at about 03.00 p.m. when the complainant 3C.W.1 was tethering the cattle, at that time accused went there, abused her in filthy

¶44

5 - NC: 2025:KHC:50202 CRL.P No. 15179 of 2025

¶45

HC-KAR

¶46

language, pulled her saree, outraged her modesty. At that time, C.W.2 came to rescue her and accused Nos.1 and 4 made him to fall on the ground and assaulted him with stone on his forehead. Accused Nos.2 and 3 kicked him with leg and caused injuries.

¶47

On perusal of the wound certificate of C.W.2, he has sustained three injuries and all the injuries are simple injuries. As the charge sheet is filed, petitioners are not required for custodial interrogation. The complaint filed by petitioner No.2 is registered in Crime No.8/2025 against the injured and other persons. As there is a case and counter case, who are aggressors is required to be ascertained in the trial. The incident has taken place with regard to civil dispute among the parties. There are no criminal antecedents of petitioners. Considering the above aspects, petitioners have made out case for grant of anticipatory bail with conditions.

¶48

In the result, the following

¶49

6 -

¶50

NC: 2025:KHC:50202 CRL.P No. 15179 of 2025

¶51

HC-KAR

¶52

ORDER

¶53

i) The petition is allowed.

¶54

ii) Petitioners are ordered to be released on bail in

¶55

the event of their arrest in Crime No.7/2025 of Channapatna Rural Police Station pending in C.C.No.576/2025 on the file of Principal Civil Judge and JMFC, Channapatna subject to following conditions.

¶56

a) Petitioners 3accused Nos.1 to 4 shall voluntarily appear before the jurisdictional Court within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of jurisdictional Court.

¶57

b) Petitioners 3accused Nos.1 to 4 shall not threaten the prosecution witnesses either directly or indirectly.

¶58