Sri Madhu @ Madhukirana Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF

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NC: 2025:KHC:25740 CRL.P No. 8927 of 2025

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HC-KAR

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HIS ARREST IN CRIME NO.107/2024 (PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN IN C.C.NO.162/2025) REGISTERED BY AREHALLI POLICE STATION, HASSAN DISTRICT FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 109(1),132 & 352 OF BHARATHIYA NYAYA SAMHITHA, 2023 AND ETC.

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.107/2024 registered by the Arehalli Police Station, Hassan, for offences punishable under Section 109(1), 132 and 352 of BNS 2023 is before this Court under Section 482 of BNSS 2023, seeking anticipatory bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.107/2024 was registered by

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Arehalli Police Station, Hassan, for the aforesaid offences against the petitioner based on the first information dated 02.10.2024 received from Shashi Kumar H.C.

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NC: 2025:KHC:25740 CRL.P No. 8927 of 2025

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HC-KAR

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Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.348/2025 before the Jurisdictional Sessions Court which was rejected on 29.04.2025. Therefore, petitioner is before this Court.

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Learned Counsel for the petitioner submits that in Cr.No.100/2024 which was registered by the very same police station for the offences punishable under Section 103(1) of the BNS, 2023, the petitioner has been enlarged on bail by the jurisdictional Court. In the present case petitioner was not remanded to judicial custody. After he was granted bail in Crime No.100/2024 he was released from jail. The first informant in the present case has not suffered any injury in the incident. Investigation is completed and charge sheet is filed. Accordingly, he prays to allow this petition.

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Per contra, learned Addl. S.P.P. appearing for the respondent - State has opposed the petition and submits that the petitioner is a person with criminal antecedents and accordingly, prays to dismiss the petition.

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NC: 2025:KHC:25740 CRL.P No. 8927 of 2025

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HC-KAR

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Perusal of the material on record would go to show that the allegation in the first information in the present case is that on 02.10.2024 when the first informant along with Police Head constables of Arehalli Police Station made an attempt to arrest the petitioner who was arraigned as accused in Cr.No.100/2024 registered by the very same police station, the petitioner allegedly tried to assault them with a sickle and therefore, the police were constrained to shoot from the service revolver on his leg. The petitioner who was arrested in Cr.No.100/2024 was subsequently produced in this case before the jurisdictional Court under body warrant in Cr.No.107/2024. At request, the learned Magistrate had given the custody of the petitioner to the police for a day.

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The material on record would go to show that the police have recorded the statement of the petitioner in Cr.No.107/2024 and after completing the investigation, charge sheet is also filed by the police in Cr.No.107/2024. Insofar as Cr.No.100/2024 is concerned, after

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HC-KAR

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investigation was completed charge sheet has been filed in the said case. The petitioner who is now tried before the jurisdictional Court in S.C.No.24/2025 (arising out of Cr.No.100/2024) has been granted regular bail by the jurisdictional Sessions Court on 17.03.2025 and after he was granted regular bail in S.C.No.24/2025, he was released from custody. It is under these circumstances, the petitioner had filed an application for anticipatory bail in Cr.No.107/2024 which was rejected by the Sessions Court. Since the petitioner has been enlarged on bail in Cr.No.107/2024 and investigation in the present case is completed and police have recorded the statement of the petitioner in the present case, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, more so since the victim has not suffered any injury in the present case. Accordingly, the following:

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ORDER

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The Criminal Petition is allowed.

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NC: 2025:KHC:25740 CRL.P No. 8927 of 2025

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HC-KAR

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.107/2024 registered by Arehalli Police Station, Hassan for offences punishable under Sections 109(1), 132, 352 of the BNS 2023, subject to the following conditions:

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The Petitioner 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/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

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

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

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