Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6321 OF 2025 BETWEEN: P. RAKESH S/O PUTTARANGAIAH, AGED ABOUT 27 YEARS, R/O MARABAHALLI VILLAGE, KASABA HOBLI, MADHUGIRI TALUK, TUMKUR-572 132. …PETITIONER (BY SRI. C.S. MADHU, ADVOCATE) AND: STATE BY HULIYAR POLICE STATION, REPRESENTED BY Digitally THE STATE SPP, signed by HIGH COURT OF KARNATAKA, LAKSHMI T BANGALORE-560 001. Location: High Court …RESPONDENT of Karnataka (BY SRI. R. RANGASWAMY, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION AND DIRECT THE RESPONDENT POLICE THAT THIS PETITIONER BE RELEASED ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.201/2023 OF HULIYAR POLICE STATION, CHIKKANAYAKANAHALLI TALUK FOR AN OFFENCES PUNISHABLE UNDER SECTION 394 OF IPC, 1863, IN CRL.MISC.NO.10082/2025 IN V ADDL. DISTRICT & SESSIONS JUDGE AT TUMAKURU. -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking anticipatory bail in Crime No.201/2023 of Huliyar Police Station, Tumakuru, which is registered for an offence punishable under Section 394 of IPC.
2. FIR is registered against four unknown persons,
on a complaint lodged by one Poornima W/o Srinivasa. On completion of investigation charge sheet is filed against accused Nos.1 to 5 (accused No.5 shown in the charge sheet is said to be a juvenile). Petitioner is arraigned as accused No.1.
3. It is the case of prosecution that on 31.10.2023 at about 8.10 - 8.15 p.m., when CW.2 - Srinivasa was proceeding on a motorcycle bearing Registration No.KA- 44-R-4971 along with CW.1-Poornima and CW.3 - Nachiketh from Bellara towards his village, accused Nos.1 -3-
to 4 along with a juvenile in conflict with law, followed them in a car and near Bellara Gollarahatti road, waylaid the car and accused No.1 assaulted CW.2 with a chopper on his forehead and snatched a gold mangalya chain weighing about 41.93 grams from CW.1, threatened them with dire consequences and fled away.
4. Learned counsel for petitioner would contend that the petitioner was arrested on 01.12.2023 in
connection with Crime No.110/2023 registered at Badavanahalli Police Station and in that case recovery pertaining to the present case has been affected and therefore, the petitioner is not required for any further investigation. Further submits that, petitioner has been released on bail in Crime No.110/2023 and now the police are making hectic efforts to arrest him in the present case. He submits that other accused are already enlarged on bail and therefore, by imposing any conditions he may be granted bail. -4-
5. Learned High Court Government has contended
that in the present case the petitioner has not been arrested and the statements of CWs.1 to 3 clearly disclose that the petitioner is the one who has assaulted CW.2 with a chopper and snatched the gold chain from CW.1. It is further contended that, petitioner has been identified by the complainant in the Test Identification Parade and there is one more case against him and he is a habitual offender. Therefore, he is not entitled for anticipatory bail.
6. The contention of the learned counsel for petitioner that recovery pertaining to the present case is
already affected and therefore, he is entitled for anticipatory bail cannot be accepted. In the instant case the material on record clearly disclose that petitioner was armed with a chopper and he assaulted CWs.1 and 2 and also snatched the gold mangalya chain from CW.1. Considering that the petitioner is involved in a similar case registered in Crime No.201/2023 under Section 394 IPC,
-5- discretionary relief of anticipatory bail cannot be granted to the petitioner.
7. If the petitioner files an application for regular bail before the trial Court, the same may be considered and disposed of as expeditiously as possible. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 14