Suresh @ Marks Suri Vs State by

STATE BY CHIKKAMAGALURU TOWN POLICE STATION, CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.

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…RESPONDENT

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(BY MS. ASMA KOUSER, ADDL. SPP)

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ORDER FOR THE RELEASE OF THE

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2 - NC: 2025:KHC:3840 CRL.P No. 583 of 2025 C/W CRL.P No. 559 of 2025

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PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.208/2024. THE CASE IS REGISTERED BY CHIKKAMAGALURU TOWN POLICE STATION, CHIKKAMAGALURU, AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 189(2), 189(4), 352, 109(1), 126(2), 118(1), 115(2), 351(2) R/WITH SECTION 190 OF BNS 2023, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DIV) AND CJM, COURT AT, CHIKKAMAGALURU.

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IN CRL.P NO. 559/2025

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BETWEEN:

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RAKHI @ RAKESH S/O MANJU, AGED ABOUT 38 YEARS,

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CENTRURY @ RAVINDRA D.B. S/O LATE BEEREGOWDA, AGED ABOUT 40 YEARS,

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YASHWANTH S/O BEEREGOWDA, AGED ABOUT 32 YEARS,

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DILIP S/O D.K.MANJEGOWDA, AGED ABOUT 32 YEARS,

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SIDDESH @ SHIRDHARA S/O LATE DHARMEGOWDA, AGED ABOUT 24 YEARS,

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ALL ARE RESIDING AT DANTARAMAKKI VILLAGE, JYOTHINAGARA POST, CHIKKAMAGALURU CITY-577 101.

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...PETITIONERS

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(BY SRI. GIRISH B BALADARE, ADVOCATE)

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NC: 2025:KHC:3840 CRL.P No. 583 of 2025 C/W CRL.P No. 559 of 2025

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3 -

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AND:

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STATE BY CHIKKAMAGALURU TOWN POLICE STATION, CHIKKAMAGALURU DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.

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...RESPONDENT

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(BY SRI. HARISH GANAPATHY, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.208/2024. THE CASE IS REGISTERED BY CHIKKAMAGALURU TOWN POLICE STATION, CHIKKAMAGALURU, AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 189(2), 189(4), 352, 109(1), 126(2), 118(1), 115(2), 351(2) R/WITH SECTION 190 OF BNS 2023, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DIV) AND C.J.M COURT AT CHIKKAMAGALURU.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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FIR in Crime No.208/2024 of Chikkamagalur Town

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Police Station is registered for offences punishable under Section 189(2), 189(4), 352, 109(1), 126(2), 118(1),

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115(2), 351(2), 190 of BNS, 2023, against 13 named accused and others.

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Petitioners in Crl.P No.559/2025 are accused

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Nos.3, 5, 7, 11 and 12 respectively and petitioner in Crl.P No.583/2025 is accused No.8.

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Learned Sessions Judge has rejected the prayer

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of the petitioners seeking anticipatory bail. Hence, they are before this Court.

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Heard the learned counsel for petitioners,

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learned Additional SPP and perused the material on record.

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Complaint is lodged by one Manu s/o Chandraiah in respect of an incident of assault which took place on 03.12.2024 at about 3.00 p.m., near Salumaradamma Temple, Housing Board, Chikkamagalur Town.

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The complaint averments reveal that on 02.12.2024, complainant – Manu along with his friends Yatish, Ashok and Bharat had been to one Deepa Bar situated in front of APMC. Regarding clearing of the bill, a verbal quarrel took place between them and Yashwanth, Marc Suri and Rakesh of the said bar. Thereafter, the complainant and his friends returned home. On 03.12.2024 when the complainant along with Saif Ali Khan and Mallikarjun had been to Salumaradamma Temple, at 3.00 p.m., all the accused formed an unlawful assembly and picked a quarrel with them in connection with the incident which took place on the previous day in the bar and assaulted them with rod, sickle, club etc., with an intention to commit murder.

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It is contended by the learned counsel for petitioners that in view of the previous incident, a false complaint was lodged naming as many as 13 persons as accused. He contended that the petitioners are innocent

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and if they are arrested they will be put to untold hardship

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in the guise of custodial interrogation.

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The learned Additional SPP has contended that

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the accused were armed with deadly weapons and one of the injured by name Saif Ali Khan has sustained injury to his head. She contended that both the parties are involved in a brawl and there are other cases registered subsequent to the registration of present case and therefore, the petitioners are not entitled for bail.

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As per complaint allegations, accused No.1 – Chatri Kumar assaulted the complainant on his forehead with a rod, accused No.2 – Baddi Rakhi kicked him on his private part and hit Saif Ali Khan on the back of his head with a sickle. Accused No.12 – Siddesh, accused No.4 – Darshan and accused No.5 – Century assaulted Mallikarjun with clubs on his back and legs. Omnibus allegations are made against other accused.

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I have perused the wound certificates of the injured namely, Mallikarjun K., Saif Ali Khan and Manu. The injuries sustained by them are simple in nature.

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Accused No.1 has assaulted the complainant

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with a rod and accused No.2 has assaulted one Saif Ali Khan with a sickle. Accused No.1 and 2 are not before the Court. Considering the averments in the complaint and the overt acts attributed, the relief sought by the petitioners can be granted by imposing conditions. Accordingly, the following:

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ORDER

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(i) Criminal Petition No.559/2025, preferred by

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accused Nos.3, 5, 7, 11 and 12 and Criminal Petition No.583/2025 preferred by accused No.8 are allowed.

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(ii) Accused Nos.3, 5, 7, 8, 11 and 12 shall be

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released in the event of their arrest in Crime No.208/2024 of Chikkamagalur Town Police Station, subject to following conditions:

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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.50,000/- (Rupees Fifty Thousand only) each, with two sureties for the likesum.

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