Karnataka High Court
Jagadeesha B vs State Of Karnataka on 11 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:19980
CRL.P No. 6867 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6867 OF 2025
BETWEEN:
JAGADEESHA B
S/O LATE BANTAIAH
AGED ABOUT 48 YEARS
R/AT NO.07, KUVEMPU ROAD
JARAGANAHALLI, KANAKAPURA
MAIN ROAD, J.P.NAGAR
6TH STAGE, BENGALUR - 560 078.
...PETITIONER
(BY SRI MAHESH S.N, ADV.)
AND:
STATE OF KARNATAKA
SHO, HAROHALLI POLICE STATION
REP. BY GOVT. PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
Digitally BANGALORE - 560 001.
signed by
NANDINI M S ...RESPONDENT
Location:
HIGH COURT (BY SMT. WAHEEDA M.M, HCGP)
OF
KARNATAKA
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS)
PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN
THE EVENT OF ARREST BY THE RESPONDENT POLICE, THAT THEY
MAY ENLARGE ON BAIL IN CR.NO.183/2014 N HAROLLI P.S., IN
CC.NO.141/2017, FOR THE OFFENCES P/U/S 323,504,354 R/W 34 OF
IPC, PENDING ON THE FILE OF THE HONBLE PRL. CIVIL JUDGE AND
JMFC, KANAKAPURA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:19980
CRL.P No. 6867 of 2025
HC-KAR
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.2 in C.C.No.141/2017 pending before the
Court of Prl. Civil Judge & JMFC, Kanakapura, arising out of
Crime No.183/2024 registered by Harohalli Police Station,
Ramanagara District, for the offences punishable under
Sections 323, 504, 354 read with 34 of IPC is before this Court
under Section 438 Cr.PC seeking anticipatory bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.183/2024 was registered by Harohalli
Police Station, Ramanagara District, for the aforesaid offences
against Bantaiah and the petitioner herein, based on the first
information dated 15.05.2014, received from Smt. Sarojamma
W/o Honniregowda. After completing the investigation, charge
sheet has been filed for the aforesaid offences against the
accused persons. Apprehending arrest in the case, petitioner
had filed Crl. Misc. No.5184/2024 before the jurisdictional
Sessions Court, which was rejected on 31.07.2024. Therefore,
he is before this Court.
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4. Learned Counsel for the petitioner submits that in respect
of the alleged incident that had taken place on 14.05.2014,
case and counter case was registered in Crime No.183/2014
and Crime No.184/2014. Petitioner was totally unaware of
registration of the case against him in Crime No.183/2014. In
Crime No.184/2014, he is the complainant and accused persons
in the said case were tried in C.C.No.465/2016 and the
petitioner has appeared before the same court as witness in the
said case and in the said case, accused persons have been
acquitted. Petitioner has no other criminal antecedents. He is
ready and willing to cooperate before the Trial Court.
Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition.
6. Material made available to the court by the learned
Counsel for the petitioner would go to show that in respect of
the alleged incident that had taken place on 14.05.2014, case
and counter case was registered in Crime No.183/2014 & Crime
No.184/2014. Petitioner is the first informant in Crime
No.184/2014. After filing of charge sheet in Crime
No.184/2014, the accused in the said case were tried before
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the jurisdictional court in C.C.No.465/2016 and they were
acquitted by judgment and order dated 08.05.2023. Petitioner
who was the first informant in the said case was examined as
PW-1, which would prima facie go to show that petitioner was
all along appearing before the very same court in the counter
case.
7. In so far as the present case is concerned, the Trial Court
has issued non-bailable warrant against the petitioner though
summons was not served on him. Undisputedly, petitioner has
no criminal antecedents. Since non-bailable warrant has been
issued against the petitioner, his apprehension of arrest in the
case is justified. Considering the aforesaid aspects of the
matter, I am of the opinion that petitioner's prayer for grant of
anticipatory bail is required to answered affirmatively.
Accordingly, the following order:
8. 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 C.C.No.141/2017
pending before the Court of Prl. Civil Judge & JMFC,
Kanakapura, arising out of Crime No.183/2024 registered by
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Harohalli Police Station, Ramanagara District, for the offences
punishable under Sections 323, 504, 354 read with 34 IPC,
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.
4. The petitioner shall not involve in similar
offences in future.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KK
