Sri. Yashwanth Vs State by Chikkamagaluru Town Police Station

THIS CRL.P IS FILED U/S 438 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR NO.0209/2024 BY THE CHIKKAMAGALURU TOWN POLICE, CHIKKAMAGALUR FOR THE OFFENCE P/U/S 189(2), 189(4), 126(2), 352, 109(1), 118(1), 115(2) AND 351(2) R/W SECTION 190 OF BNSS 2023 AND PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR. DIVISION) AND CJM COURT, CHIKKAMAGALURU.

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

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The learned High Court Government Pleader (HCGP) accepts notice on behalf of the respondent-State.

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The petitioners/accused Nos. 5, 7, 8, 14, 16, and 19, who are facing investigation for offences punishable under Sections 189(2), 189(4), 126(2), 352, 109(1), 118(1), 115(2), and 351(2) read with Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, have approached this Court seeking anticipatory bail.

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Heard the learned counsel for the petitioners and the learned High Court Government Pleader (HCGP) for the respondent-State.

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The case of the prosecution is that, on 03.12.2024 at about 4:00 PM, when respondent Nos. 2 (Arun Kumar) and 3 (Manikanta)—the injured victims—were walking near Sanjeevini School, Chikkamagaluru City, they saw Manu, Saif Ali Khan, and Mallikarjuna with bleeding injuries. Upon inquiry, these individuals

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informed them that they had been involved in a scuffle with certain bar employees over a pending bill from the previous day. They further stated that when they were near Salumaradamma Temple, the bar employees attacked them with machetes (Katti), rods, and clubs.

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Respondent Nos. 2 and 3 then took the injured persons to M.G. Hospital, Chikkamagaluru, for treatment. Later, at about 5:15 PM, while respondent Nos. 2 and 3 were passing through Ganapathi Temple Road, Kalyananagara, Chikkamagaluru City, they were allegedly confronted by Naga, Suresh, Yashavantha, Dilip, Jim Sharu, Jim Pradeepa, Chatri Kumara, Bharath, Abhi @ Bhukampa, Kulla Raki, Baddi Raki, Baddi Raju, Theja, Darshan @ Hali, Mohan, Ramesha, Devu, Bharatha @ Bathu, Dilipa @ Chotu, Chave, and others, who arrived on motorcycles carrying rods and clubs.

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It is alleged that Baddi Raki assaulted respondent No. 2 (Arun Kumar) on the head, causing a bleeding injury in the middle of his head, while Naga @ Thale Mullu punched him on the forehead. Other accused persons allegedly assaulted him with clubs, intending to cause his death. Similarly, Chatri Kumara is alleged to have attacked respondent No. 3 (Manikanta) on the head with a machete (Katti), and Dilip allegedly struck him on the right side of his forehead with a rod. As a result, both victims collapsed, after which all the accused allegedly kicked them repeatedly.

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Hearing their cries, Shreyas, Suhas, Dhanu, and Kiran

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rushed to the scene and intervened to stop the attack. The accused persons allegedly threatened to kill respondent Nos. 2 and 3 in the future before fleeing the scene on their motorcycles. Thereafter, Shreyas, Suhas, Dhanu, and Kiran took the injured victims to the District Hospital, Chikkamagaluru, for treatment.

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The petitioners/accused have been in judicial custody since 04.12.2024, and the statements of the victims have been recorded under Section 183 of BNSS, 2023. The specific allegations of assault are against accused Nos. 1 to 3, and no direct allegations have been made against the petitioners herein. The injured victims, after receiving medical treatment, have been discharged from the hospital. The only allegation against the petitioners is that they were members of the unlawful assembly.

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In light of the above facts, the petitioners have made out a prima facie case for grant of bail. Accordingly, I proceed to pass the following:

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ORDER

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a. The petition is allowed .

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b. The petitioner/accused Nos.5, 7, 8, 14 , 16 and 19 are enlarged on anticipatory bail, in the event of their arrest, in Crime No.209/2024, registered by Chickmagaluru Town Police, Chikkamagalur, for the offences punishable under Sections 189(2), 189(4), 126(2), 352, 109(1), 118(1), 115(2) and 351(2) read with Section 190 of the BNSS Act, 2023, subject to following conditions:

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i. Petitioner/accused Nos.5, 7, 8, 14, 16 and 19 shall furnish personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court.

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