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Vinod Kumar @ Vinod vs State of Karnataka

Vinod Kumar @ Vinod vs State of Karnataka

Type Court Judgment Court Karnataka Decided Apr 21, 2025
~4 min read
https://sooperkanoon.com/case/1690816

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
CRL.P/5012/2025

Parties & Advocates

Appellant / Petitioner

Vinod Kumar @ Vinod

Respondent

State of Karnataka

Excerpt

.....against the petitioner herein, omnibus allegations are found in the first information. considering the aforesaid aspects of the matter, i am of the -4- opinion that the prayer made by the petitioner, who has no other criminal antecedents for grant of anticipatory bail needs to be answered affirmatively. accordingly, the following order:-7. the petition is allowed. the respondent - police or anyother police in the state of karnataka are directed to release the petitioner in the event of his arrest in crime no.92/2025 registered by sira police station, tumakuru, for the offences punishable under section 108 and 190 of bns, 2023, subject to the following conditions:1. the petitioner shall appear before theinvestigating 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/- with two sureties for the likesum to the satisfaction of the investigating officer.2. petitioner shall regularly appear before the trial court without fail unless exempted by the trial court for valid reasons.3. petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. -5-4. the petitioner shall not involve in similar offences in future. sd/- (s vishwajith shetty) judge dn

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5012 OF 2025 BETWEEN: SRI VINOD KUMAR @ VINOD S/O MAHADEVA AGED ABOUT 34 YEARS RESIDING AT NO.561, 5TH CROSS, HOSAROAD, CHANNAKESHAWANAGAR BENGALURU - 560 100. …PETITIONER (BY SRI NAUSHAD PASHA, ADV.) AND: STATE OF KARNATAKA BY SIRA TOWN P.S SIRA - 572 137

Digitally signed   REPRESENTED BY SPP
by NANDINI         HIGH COURT OF KARNATAKA
MS                 HIGH COURT BUILDING

Location: HIGH COURT OF BENGALURU - 560 001. KARNATAKA …RESPONDENT

(BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL TO THE PETITIONER PENDING ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND C.J.M COURT SIRA TUMKUR DISTRICT AND DIRECTED TO RESPONDENT POLICE (SIRA TOWN POLICE ) TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.92/2025 FOR THE ALLEGED OFFENCE P/U/S 108,190 OF BNS 2023 . -2-

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused No.4 in Crime No.92/2025 registered by Sira

Police Station, Tumakuru, for the offences punishable under Section 108 and 190 of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.92/2025 was registered by Sira Police

Station, Tumakuru, against Vruthik and others based on the first information dated 04.03.2025 received from Radhamma, mother of Viveka aliyas Manu. Apprehending arrest in the said case, petitioner herein, who is arraigned as accused No.4 in the FIR had filed Crl.Misc.No.411/2025 before the jurisdictional Sessions Court which was rejected on 26.03.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that accused

Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.4333/2025. There is no such allegation in the first -3- information which would attract the alleged offences against the petitioner. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

5. Per contra, learned Addl. SPP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner.

6. A perusal of the material on record would go to show that

deceased was allegedly selling mushroom and accused Nos.1 and 2 appears to have purchased mushroom from him. It is alleged that, subsequently, it was found that deceased was supplying low quality mushrooms to accused Nos.1 and 2 and therefore, they had demanded repayment of money from him. Therefore, deceased had committed suicide by hanging himself. There is no mention of any such incident that had taken place immediately prior to the death of deceased which would have either instigated or abetted the deceased to commit suicide. Accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.4333/2025. As against the petitioner herein, omnibus allegations are found in the first information. Considering the aforesaid aspects of the matter, I am of the -4- opinion that the prayer made by the petitioner, who has no other criminal antecedents for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

7. The petition is allowed. The respondent - Police or any

other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.92/2025 registered by Sira Police Station, Tumakuru, for the offences punishable under Section 108 and 190 of BNS, 2023, subject to the following conditions:

1. 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/- with two sureties for the likesum to the satisfaction of the investigating officer.

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

3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. -5-

4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN

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