Sri Jayanth J, v. the State of Karnataka

Karnataka HC28 Jul 2025CRL.P/9837/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS, 2023; Section 438 Cr.P.C.; additional accused; Section 319 Cr.P.C.; mistaken identity Jayanth J. vs Mruthyunjaya/Mrutyunjaya; bailable warrant recall; Cr.No.57/2017 Ijoor Police Station; C.C.No.44/2019 Principal Senior Civil Judge and Chief Judicial Magistrate Ramanagara; Sections 427, 506, 504, 323, 324, 354, 327, 149 IPC; Karnataka High Court CRL.P No. 9837 of 2025; Mohammad Nawaz J.

What did the court decide?

No anticipatory bail granted. Petition disposed of with observations/directions: the petitioner to appear before the trial Court on or before 4.8.2025 and answer the summons/bailable warrant; if he is not the accused, the trial Court to recall the bailable warrant on an appropriate application and enlarge him on bail subject to conditions it deems fit. ¶48-49

Sri Jayanth J, Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 BNSS in Cr.No.57/2017 when his name does not figure in the FIR and he faces arrest on a warrant issued by the learned Magistrate as a person sought to be added as an additional accused (Section 319 Cr.P.C. application pending). +1 more

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Court's answer

If the petitioner is not the accused, he may appear before the trial Court and answer the summons/bailable warrant issued against him; in the event of his appearance, the trial Court shall recall the bailable warrant on an appropriate application and enlarge him on bail subject to conditions the trial Court deems fit.

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Ratio / Principle

The petitioner is directed to appear before the trial Court on or before 4.8.2025.

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Detailed headnote1 paragraphs

CRL.P No. 9837 of 2025, High Court of Karnataka at Bengaluru (Mohammad Nawaz, J.), decided 28.07.2025. Anticipatory-bail petition under Section 482 BNSS, 2023 by Jayanth J. in Cr.No.57/2017 of Ijoor Police Station, registered against accused Nos.1 to 7 on the complaint of Shivanandaswamy S/o Prabhushankar for offences under Sections 427, 506, 504, 323, 324, 354 r/w 149 IPC; charge sheet in C.C.No.44/2019 (Sections 323, 324, 327, 354, 506, 504 r/w 149 IPC) pending before the Principal Senior Civil Judge and Chief Judicial Magistrate, Ramanagara. The petitioner's name is absent from the FIR; accused No.4 'Mruthyunjaya' was deleted at the charge-sheet stage, but PWs.1 to 3 deposed that he participated, prompting the Public Prosecutor's application (Section 319 Cr.P.C.) to summon him as an additional accused; a bailable warrant stood issued in the name of 'Mrutyunjaya'. The learned Sessions Judge had rejected anticipatory bail, observing that until the Section 319 application is allowed the person cannot be called an accused. The High Court did not adjudicate the identity dispute; it disposed of the petition, directing the petitioner to appear before the trial Court on or before 4.8.2025 and answer the summons/bailable warrant, failing which — if he is not the accused — the trial Court shall recall the warrant on an appropriate application and enlarge him on bail subject to conditions deemed fit.

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NC: 2025:KHC:28962 CRL.P No. 9837 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 9837 OF 2025

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BETWEEN:

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SRI. JAYANTH J. S/O JAYADEVAIAH P. AGED ABOUT 25 YEARS, R/O WARD NO.31, ARCHAKARAHALLI, RAMANAGAR TOWN, RAMANAGAR DISTRICT-562 159.

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…PETITIONER

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(BY SRI. BASAVARAJU P., ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE OF KARNATAKA IJOOR POLICE STATION, RAMANAGARA, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNAKATA, BENGALURU-560 001.

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…RESPONDENT

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(BY SRI. K. NAGESWARAPPA, HCGP)

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THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.57/2017 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 427, 506, 504, 149, 323, 324 & 354 OF INDIAN PENAL CODE, REGISTERED BY THE IJOOR POLICE/RESPONDENT POLICE, THE CHARGE SHEET WAS

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HC-KAR

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FILED FOR THE OFFENCES PUNISHABLE U/SEC.323, 324, 327, 354, 506, 504 R/W SEC.149 OF IPC IN C.C.NO.44/2019, PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT RAMANAGARA. THIS PETITION, 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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This petition is preferred under Section 482 BNSS, 2023, seeking anticipatory bail in Cr.No.57/2017 of Ijoor Police Station, registered for the offence punishable under

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Sections 427, 506, 504, 323, 324, 354 r/w 149 IPC.

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Heard both sides and perused the material on

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record.

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The aforementioned crime is registered against accused Nos.1 to 7 on a complaint lodged by one Shivanandaswamy S/o Prabhushankar.

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Name of the petitioner is not found in the FIR.

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One Mruthyunjaya was arraigned as accused No.4 in the FIR. However, while filing charge sheet, his name was

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HC-KAR

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deleted. In the course of trial before the learned Magistrate, during recording of evidence of CWs.1 to 3 examined as PWs.1 to 3, they deposed that even accused by name Mruthyunjaya has also participated in the commission of offence, as such, the Public Prosecutor filed an application to summon him as an additional accused.

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The grievance of the petitioner is that though

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he is not the accused concerned, the police are trying to arrest him in view of the warrant issued by the learned Magistrate.

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Learned counsel for the petitioner would

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contend that the name of the petitioner is Jayanth J. and not Mruthyunjaya. His age is 25 years and not 40 years as stated by the prosecution. A copy of the SSLC marks card of Jayanth J., is produced to show that his Date of Birth is 3.11.2000 and therefore, he is not aged 40 years, as claimed by the prosecution.

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HC-KAR

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The learned Sessions Judge has rejected the petition seeking anticipatory bail, observing that unless application under Section 319 of Cr.P.C. is allowed, the person sought to be added as accused cannot be called as accused and unless he is an accused, there is no anticipation of his arrest. It is further observed that merely a notice is issued to answer the say and if there is any misinterpretation, the prosecution to rectify the same and the petitioner can very much appear before the Court and answer to the notice.

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The trial Court records would show that bailable

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warrant has been issued to the accused by name Mrutyunjaya. The petitioner can very much appear before the trial Court and answer the summons/bailable warrant issued against him, if he is not the accused. In the event of his appearance, the trial Court shall recall the bailable warrant on an appropriate application and enlarge him on bail subject to conditions, which the trial Court deems fit.

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NC: 2025:KHC:28962 CRL.P No. 9837 of 2025

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HC-KAR

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