State of Karnataka Vs Sri M Suresh Kumar

…RESPONDENT THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO CANCEL THE BAIL ORDER DATED 25.10.2024 PASSED IN CRL.MISC NO. 7085/2024 ON THE FILE OF LXXI ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH72) FOR THE O/P/U/S 115(2), 318(4), 324(5), 329(4), 336(3), 340(2), 351(2), 351(3), 352, 356(2), 61(2)(B) AND 74 OF BNS IN CR.NO.368/2024 REGISTERED BY THE KENGERI POLICE STATION.

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

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NC: 2025:KHC:10115 CRL.P No. 3208 of 2025

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This petition under Section 483(3) of BNSS, 2023, is filed by the State with a prayer to cancel the anticipatory bail granted to the respondent by the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru City, in Crl. Misc. No.7085/2024 disposed of on 25.10.2024.

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Perusal of the material on record would go to show that FIR in Crime No.368/2024 was registered by Kengeri Police Station, Bengaluru City, for the offences punishable under Sections 115(2), 3(5), 318(4), 324(5), 329(4), 336(2), 336(3), 340(2), 351(2), 351(3), 352, 356(2), 61(2)(b), 74 of BNS 2023, and apprehending arrest in the said case, petitioner had filed Crl. Misc. No.7085/2024 before the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru City, which was allowed on 25.10.2024. Assailing the same, the State is before this Court.

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In the first information that had resulted in registering FIR in Crime No.368/2024, it is averred that the first informant had purchased certain property at Kengeri from one Sri

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3 - NC: 2025:KHC:10115 CRL.P No. 3208 of 2025

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Ramesh Sharma, and the accused persons who are rowdy elements threatened the complainant to grab the property by setting up unauthorized association called Jai Bheem Mahila Sangha and having entered into the property, they had put up a board and picked up quarrel with the first informant and also abused him using filthy language, and thereafter, assaulted and criminally intimidated him.

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The learned Sessions Judge, taking into consideration that the dispute between the parties appears to be primarily civil in nature, has granted anticipatory bail to the respondent. The alleged offences are not punishable with death or life imprisonment and the maximum punishment for the alleged offences is imprisonment for a period of seven years.

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Learned HCGP during the course of arguments, has fairly submitted that petitioner has no other antecedents. Perusal of the first information would go to show that general and omnibus allegations are made as against 11 accused persons and the petitioner is arrayed as accused no.9 in the FIR. Under the circumstances, I do not find any illegality or irregularity in

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