Mr Nagaraju Vs State of Karnataka

STATE OF KARNATAKA BY HALAGURU POLICE MALAVALLI TALUK, MANDYA - 570 011 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. RASHMI JADHAV, ADDL. SPP)

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THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND EXTENTION OF TIME TO APPEAR BEFORE THE TRAIL COURT BY RELAXING THE CONDITION NO.1 IN ON THE FILE OF II ADDL.DISTINCT AND CRL. MISC.NO.351/2025 SESSIONS JUDGE AT MANDY IN CC.NO.278/2025 (CRIME NO.80/2025) OF HALAGURU

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NC: 2026:KHC:26574 CRL.P No. 6239 of 2026

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HC-KAR

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POLICE STATION, MANDYA DISTRICT) FOR OFFENCES UNDER SECTIONS 329(4), 352, 76, 54,118(2), R/W 3(5) OF BHARATIYA NYAYA SANHITA-2023, PENDING ON THE FILE OF THE SENOR CIVIL JUDGE AND JMFC MALAVALLI.

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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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This petition under Section 439(1)(b) of Cr.PC read with Section 483(1)(b) of BNSS, 2023, is filed by accused nos.1 to 3 in Crime No.80/2025 registered by Halagur Police Station, Mandya District, for the offences punishable under Sections 329(4), 352, 76, 54, 118(1) read with 3(5) of BNS, 2023, with a prayer to modify/relax condition no.1 imposed in Crl. Misc. No.351/2025 by the Court of II Addl. District & Sessions Judge, Mandya, vide order dated 16.05.2025.

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Heard the learned Counsel for the petitioners and the learned Addl. SPP on behalf of the respondent-State.

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FIR in Crime No.80/2025 was registered by Halagur Police Station, Mandya District, for the aforesaid offences against Nagaraju and others based on the first information dated 08.04.2025 received from Mahadevamma W/o Basavaraju. In

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NC: 2026:KHC:26574 CRL.P No. 6239 of 2026

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HC-KAR

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the said case, petitioners herein who are arrayed as accused nos.1 to 3. Apprehending arrest in the said case, petitioners herein had filed Crl. Misc. No.351/2025 before the jurisdictional Sessions Court which was allowed on 16.05.2025, subject to certain conditions. Condition no.1 in the order dated 16.05.2025 passed in Crl. Misc. No.351/2025 reads as under:

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"1. The petitioners shall appear before the jurisdictional Magistrate and file the bail application within 15 days from the date of this order."

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Seeking modification/relaxation of the said condition, petitioners are before this Court.

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Learned Counsel for the petitioners submits that except condition no.1, all the other conditions have been complied in the present case by the accused persons. The police after investigation have also filed charge sheet. By oversight, petitioners could not comply condition no.1. Accordingly, he prays to modify/relax the said condition. Alternatively, he submits that if some reasonable time is granted, petitioners shall comply condition no.1.

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NC: 2026:KHC:26574 CRL.P No. 6239 of 2026

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HC-KAR

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Learned Addl. SPP does not seriously oppose the prayer made in the petition.

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The allegations found in the first information as well as charge sheet filed against the petitioners are not serious in nature. Petitioners who are agriculturists, have no criminal antecedents. There is a delay of four days in filing the complaint. It is under these circumstances, they have been granted anticipatory bail in the present case by the jurisdictional Sessions Court.

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Considering the aforesaid aspects of the matter, I am of the opinion that if further two weeks time is granted to the petitioners to comply condition no.1 imposed by the Court of II Addl. District & Sessions Judge, Mandya, in Crl. Misc. No.351/2025 disposed of on 16.05.2025, the same would serve the ends of justice. Accordingly, the following order:

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Petition is allowed. Condition no.1 imposed in Crl. Misc. No.351/2025 disposed of on 16.05.2025 by the Court of II Addl. District & Sessions Judge, Mandya, is modified and the petitioners are granted two weeks time from today to appear

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NC: 2026:KHC:26574 CRL.P No. 6239 of 2026

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