Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 5692 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN:
1. BASAVARAJU S/o NARAYANAPPA, AGED ABOUT 57 YEARS,
2. SRI. AKHILESH S/O. BASAVARAJU, AGED ABOUT 23 YEARS,
3. SRI. DINESH S/O. GIDASEEME PILLAPPA
AGED ABOUT 49 YEARS, ALL ARE RESIDING AT BETTAKOTE VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK. BANGALORE RURAL DISTRICT - 562 129. …PETITIONERS (BY SRI. SRINIVASA T P., ADVOCATE) AND: Digitally signed by SREEDHARAN BANGALORE SUSHMA STATE BY CHANNARAYAPATNA POLICE LAKSHMI BANGALORE RURAL Location: High Court of Karnataka REP: BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE IE., CHANNARAYAPATNA POLICE TO ENLARGE THE PETITIONERS ON BAIL, IN THE EVENT OF THEIR ARREST IN CR.NO.9/2025 ON THE FILE OF THE HON'BLE COURT OF ADDL.C.J AND JMFC(JR.DN), DEVANAHALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 118(1), 190 OF BHARATHIYA NYAYA SANHITHE (BNS) 2023. -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH
ORAL ORDER
This petition is filed by the petitioners/Accused Nos.1, 4 and 6 respectively in Crime No.9/2025, registered by Chennarayapatana Police Station, Bengaluru District, for the offences punishable under Sections 103, 118(1) and 190 of BNS, 2023. Factual matrix of the case:
2. It is the case of the prosecution that, on 19.01.2025
at about 8.00 a.m., the petitioners along with their family members picked up quarrel with the parents of the complainant in respect of the land bearing Sy.No.6/8 of Bettakote Village, Channarayapatna Hobli, Devanahalli Taluk. The petitioners assaulted the mother of the complainant with a spade, as a result, she sustained injuries. Immediately, she was taken to the hospital. However, she succumbed to the injuries on the way to the hospital. Therefore, the complainant lodged a complaint before the respondent - police.
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3. Based on the complaint, the respondent police registered a case in Crime No.9/2025 for the aforesaid offences
against the petitioners. Apprehending their arrest, the petitioners, who are arraigned as accused Nos.1, 4 and 6 in the FIR had filed Crl.Misc.No.15026/2025 before the jurisdictional Sessions Court which was rejected on 31.01.2025. Therefore, they are before this Court.
4. Heard Sri. Srinivasa T.P., learned counsel for the petitioners and Sri. Vinay Mahadevaiah, learned High Court Government Pleader for respondent -State.
5. Learned counsel for the petitioners submits that though
in the first information, it is alleged that accused persons had assaulted the deceased and the injured-victim ruthlessly with a spade and caused injuries, no external injuries are found on the body of the injured victim or deceased. Since parties have a civil dispute between themselves, false allegations are made against all the members of the family. Petitioners do not have any criminal antecedents. They are ready and willing to co- operate with the police for the purpose of investigation. Accordingly, he prays to allow the petitions.
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6. Per contra, learned HCGP, who has opposed the petitions submits that investigation in the case is under progress. Accordingly, he prays to dismiss the petitions.
7. A perusal of the material on record would go to show
that there is a certain dispute between two parties with regard to immovable property bearing Sy.No.6/8 situated at Bettakote Village. On the alleged date of incident when the accused persons were ploughing the land in dispute, the parents of the complainant allegedly had gone to the said spot and had questioned them. It is alleged that the accused persons had assaulted the parents of the complainant with a spade and caused grievous injuries to them and as a result, mother of the
complainant-Smt. Shobha had died and father of the complainant, who had suffered grievous injures, was treated in a Hospital. Post Mortem report of the deceased-Shobha would go to show that no external injuries were found on the body of the deceased. Final Report regarding the cause of death is awaited from the FSL. The Wound Certificate of first informant's father Muniraju also would go to show that no external injuries were found on his body. Undisputedly, the petitioners do not have any criminal antecedents. They have undertaken to co-
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operate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter, more so the fact that, injured as well as the deceased have not suffered any external injuries on their body, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail in these two petitions needs to be answered affirmatively. Accordingly, the following:
ORDER
i) The petition is allowed. ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.9/2025 registered by Chennarayapatana Police Station, Bengaluru District, for the offences punishable under Sections 103, 118(1) and 190 of BNS, 2023, subject to the following conditions: a) The Petitioners 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/- each with two -6-
sureties for the likesum to the satisfaction of the investigating officer. b) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioners shall not tamper with the prosecution witness and they shall co- operate with the police for investigation and appear before them whenever called upon. d) The petitioners shall not involve in similar offences in future. Sd/- (S RACHAIAH) JUDGE
SMC List No.: 1 Sl No.: 31 CT:SK