Dismissed¶¶37

Sri Dhilipkumar Pari v. State by the Indiranagar Police Station

Karnataka HC2 Apr 2025CRL.A/546/2025

Case brief

AI extract

What is this about?

Anticipatory bail; S. 14(A)(2) SC/ST (POA) Act 2015; Sections 417, 506 IPC; Section 3(1)(w) SC/ST (POA) Act 1989; Crime No.217/2024 Indiranagar Police Station; Special C.C.No.193/2025; charge-sheet filed without arrest; investigation complete; no apprehension of arrest; summons to accused to appear through counsel; appeal dismissed; High Court of Karnataka; H.P. Sandesh J.; 02-04-2025; CRL.A No. 546 of 2025.

What did the court decide?

Since investigation is complete and the charge-sheet has been filed, there is no apprehension of arrest of the appellant; only summons will be issued to the accused, who shall appear before the Court through his counsel and contest the matter. ¶¶31

Sri Dhilipkumar Pari Vs State by the Indiranagar Police Station — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:13851 CRL.A No. 546 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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CRIMINAL APPEAL NO.546 OF 2025

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BETWEEN:

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SRI DHILIPKUMAR PARI S/O PARI D AGED ABOUT 29 YEARS R/AT NO.25/13, 2^ND WEST CROSS ROAD GANDHINAGAR, VELLORE TAMIL NADU - 632006

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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ALSO WORKING AT RPS TECH CENTRE WARD NO.57, 32/2^ND FLOOR ARTISANE 1^ST MAIN, 3^RD PHASE, JP NAGAR BENGALURU – 560007 …APPELLANT

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(BY SRI SAMPATH A, ADVOCATE) AND:

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STATE BY THE INDIRANAGAR POLICE STATION REP. BY HALASUR SUB DIVISION BENGALURU CITY-560 038 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU 560001

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2 - NC: 2025:KHC:13851 CRL.A No. 546 of 2025

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JAYAHASHINI R D/O RAJASEKARAN AGED ABOUT 26 YEARS R/AT #39/21, 4^TH FLOOR, 2^ND CROSS, 7^TH MAIN ROAD APPAREDDYPALYA, INDIRANAGAR BENGALURU CITY – 560038

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. SPP A/W SMT. K P YASHODA, HCGP FOR R1; SRI C VIJAY KUMAR, ADVOCATE FOR R2)

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THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO ENLARGE THE APPELLANT - ACCUSED NO.1 ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY THE RESPONDENT NO.1 - INDIRANAGAR POLICE STATION BASED ON THE CRIME NO.217/2024 IN SPECIAL C.C.NO.193/2025 FOR THE OFFENCE P/U/S/ 417, 506 OF IPC R/W SEC. 3(1)(w) OF SC/ST (POA) ACT 1989 AND ETC.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.P.SANDESH

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3 - NC: 2025:KHC:13851 CRL.A No. 546 of 2025

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ORAL JUDGMENT

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Heard the learned counsel appearing for the

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respective parties.

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The learned counsel for the appellant would vehemently contend that the offences under Sections 417, 506 of IPC and Section 3(1)(w) of SC/ST (POA) Act are invoked against him and further submits that the police have investigated the matter and filed the charge-sheet. Now, the counsel appellant seeking the relief of anticipatory bail before this Court on the ground that there is an apprehension of arrest of the appellant.

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The learned Additional SPP brought to notice of this Court that in the charge-sheet it is specifically mentioned that accused was not arrested. The counsel further submits that when investigation is completed and charge-sheet is filed before the Court, there is no apprehension of arrest of the appellant. Hence, seeking the relief of anticipatory bail does not arise.

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NC: 2025:KHC:13851 CRL.A No. 546 of 2025

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4. Having heard the learned counsel appearing for

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the respective parties and on perusal of the material on record, particularly, taking note of the charge-sheet which discloses that the police have investigated the matter based on the complaint filed by the complainant and filed the charge-sheet. Thus, it shows that during the course of the investigation also, there was no apprehension of arrest of the appellant and hence, there is no need of presence of

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this appellant for investigation since investigation is already completed and charge-sheet also filed. Having filed the charge-sheet, the procedure is for issuance of summons to the appellant/accused for his presence before

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the Court for the aforesaid offences. Such being the material on record and there is no apprehension of arrest of the appellant and only summons will be issued to the appellant and he shall appear before the Court through his counsel and contest the matter. In the absence of any apprehension of arrest of the appellant, considering the matter for the relief of anticipatory bail does not arise.

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NC: 2025:KHC:13851 CRL.A No. 546 of 2025

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