Mahesha v C Vs State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.13/2025 FOR ALLEGED OFFENCES U/S 352, 115(2), 108, 190 OF BNSS 2023, REGISTERED BY THE K.R.PET TOWN POLICE, NOW PENDING ON THE FILE OF HONBLE III ADDL.

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2 - NC: 2025:KHC:10603 CRL.P No. 2194 of 2025 C/W CRL.P No. 2090 of 2025

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DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA).

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IN CRL.P NO. 2090/2025

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BETWEEN:

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V.R. HARISHA S/O. RAMESHA AGED ABOUT 31 YEARS, R/AT: VALAGEREMENASA VILLAGE, KASABA HOBLI, K.R. PETE TALUK - 571 426, MANDYA 571 401

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…PETITIONER

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(BY SRI. PRAMOD M., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY, SHO, BY K.R. PETE TOWN PS MANDYA - 571 401. REPTD. BY S.P.P., HIGH COURT BUILDING, BANGALORE - 560 001

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…RESPONDENT

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(BY SRI. VINAY MAHADEVAIAH, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.13/2025 FOR ALLEGED OFFENCES U/S 352, 115(2), 108, 190 OF BNSS 2023, REGISTERED BY THE K.R.PET POLICE, NOW PENDING ON THE FILE OF HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA).

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THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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COMMON ORAL ORDER

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Accused Nos.1 and 2 in Crime No.13/2025 registered by K.R.Pet Town Police Station, Mandya, pending before the Court of III Additional District and Sessions Judge, Mandya (sitting at Srirangapatna), for the offences punishable under Sections 352, 115(2), 108, 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court in these two petitions filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail.

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Heard the learned counsels for the parties.

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FIR in Crime No.13/2025 was registered by K.R.Pet

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Town Police Station, Mandya for the aforesaid offences against the petitioners and four others on the basis of the first information dated 25.01.2025 received from Ramesh.V.R - brother of the deceased - Lohith Kumar. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.5036/2025 before the Jurisdictional Sessions Court which was rejected on 03.02.2025. Therefore, the petitioners are before this Court.

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Learned counsel for the petitioners submits that the deceased had borrowed money from the accused and allegation in the first information is that accused were demanding

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repayment of the money and harassing the deceased. He submits that even if the allegations are prima facie presumed to be true, the alleged offences cannot be made out as against the petitioners. Petitioners do not have any other criminal antecedents and they are ready to co-operate with the police for investigation. Accordingly, he prays for allowing the petitions.

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Per contra learned High Court Government Pleader has opposed the petitions and prays to dismiss the petitions.

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Perusal of the materials on record would go to show that in the first information which was submitted by the brother of the deceased, it is stated that deceased had borrowed loan from the accused persons named in the FIR and the accused were demanding repayment of the said money and were torturing deceased Lohith Kumar. It is in this background, on 21.01.2025 he had approached the police. On 24.01.2025, accused persons allegedly came near the house of the deceased, abused and assaulted him in furtherance of their demand for repayment of money borrowed by him. Therefore, deceased had committed suicide on the intervening night on 24.01.2025 and 25.01.2025.

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7. Allegation in the first information is that deceased

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had borrowed money from accused persons and they were all demanding repayment of the said amount and on 24.01.2025, all the accused persons had arrived near the house of the deceased and demanded repayment of the money. Though allegations of abusing and assaulting the deceased is only as against accused Nos. 1 and 2, it is to be noticed that Section 190 of BNS 2023 is invoked in the present case. The alleged offence is neither punishable with death nor life imprisonment. Accused Nos. 3 to 5 have been granted anticipatory bail by the Sessions Court in Crl.Misc.No.5036/2025. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petitions are allowed .

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of

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their arrest in Crime No.13/2025 of K.R.Pet Town Police Station, Mandya, for the offences punishable under Sections

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NC: 2025:KHC:10603 CRL.P No. 2194 of 2025 C/W CRL.P No. 2090 of 2025

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352, 115(2), 108, 190 of BNS, subject to the following conditions:

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The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/with two sureties for the likesum to the satisfaction of the investigating officer.

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Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioners shall not involve in similar offences in future;

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Sd/(S VISHWAJITH SHETTY) JUDGE

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SPV

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List No.: 1 Sl No.: 55

Mahesha v. C v State of Karnataka

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Mahesha v. C v State of Karnataka

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