2024:KHC:52135

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NC: 2024:KHC:52135
CRL.P No. 13334 of 2024
 
 
IN THE HIGH COURT OF KARNATAKA AT BENGALURU 
DATED THIS THE 17TH DAY OF DECEMBER, 2024 
BEFORE 
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY 
CRIMINAL PETITION NO. 13334 OF 2024  
BETWEEN:  
SHARATH H.N. 
S/O H.M. NAGARAJU 
AGED ABOUT 31 YEARS 
RESIDING AT HADONAHALLI  
VILLAGE, THOOBAGERE HOBLI 
DODDABALLAPURA TALUK 
BENGALURU RURAL DISTRICT - 561 203. 
…PETITIONER 
(BY SRI DINESH B.V, ADV.) 
AND: 
 
THE STATE OF KARNATAKA 
BY DODDABALLAPURA RURAL  
POLICE STATION, REP. BY STATE  
PUBLIC PROSECUTOR 
HIGH COURT OF KARNATAKA 
HIGH COURT BUILDING 
BENGALURU - 560 001. 
…RESPONDENT 
(BY SRI CHANNAPPA EERAPPA, HCGP) 
 
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) 
CR.P.C 
PRAYING 
TO 
GRANT 
ANTICIPATORY 
BAIL 
BY 
DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON 
BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.296/2024 OF 
DODDABALLAPURA RURAL POLICE STATION FOR AN ALLEGED 
OFFENCE P/US/115(2),118(2),190 OF BNS PENDING ON THE 
FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (jr.Dn.) AND 
JMFC COURT DODDABALLAPURA. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Digitally
signed by
NANDINI MS
Location: High
Court of
Karnataka

 
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NC: 2024:KHC:52135
CRL.P No. 13334 of 2024
 
 
 
 
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.1 in Crime No.296/2024 registered by 
Doddaballapura Rural Police Station, Bengaluru District, 
for the offences punishable under Sections 115(2), 118(2) 
and 190 of BNS, 2023, is before this Court under Section 
482 of Cr.P.C. seeking anticipatory bail. 
 
2.  
Heard the learned counsel for the parties.  
 
3. 
FIR in Crime No.296/2024 was registered by 
Doddaballapura Rural Police Station, Bengaluru District, 
against the petitioner and others for the aforesaid offences 
on the basis of the first information dated 21.09.2024 
received from Ravi S/o Chikkamarigowda. Apprehending 
arrest 
in 
the 
said 
case, 
petitioner 
had 
filed 
Crl.Misc.No.10208/2024 before the jurisdictional Sessions 
Court which was rejected on 28.11.2024. Therefore, he is 
before this Court.  

 
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NC: 2024:KHC:52135
CRL.P No. 13334 of 2024
 
 
 
4. 
Learned counsel for the petitioner having reiterated 
the grounds urged in the petition has prayed to allow the 
petition.  
 
5. 
Per contra, learned HCGP has opposed the petition.  
 
6. 
First informant, who is the uncle of injured Kiran and 
Madhu, has averred in his first information dated 
21.09.2024 that on the said date at about 01.00 a.m. in 
the mid night when they had parked their car bearing 
registration No.KA-50/MA3319 on the road side, about six 
persons who were consuming alcohol inside car bearing 
registration No.KA-05-ML7052, all of a sudden started 
quarrelling with the first informant and the injured and the 
petitioner took out a long and tried to assault first 
informant. When Madhu tried to interfere, he also was 
assaulted.  
 
7. 
A perusal of the first information would go to show 
that initially it was mentioned in the first information that 
Kiran was assaulted by accused persons and subsequently, 

 
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NC: 2024:KHC:52135
CRL.P No. 13334 of 2024
 
 
there was alteration made in the first information. 
Statement of the injured Kiran has been recorded which is 
made available to the Court by learned HCGP. A perusal of 
the said statement would go to show that it was Kiran, 
who had suffered injuries in the incident in question. 
Injury Certificate of Kiran would reflect that he has 
suffered only simple injuries in the incident in question. 
Under the circumstances, I am of the opinion that the 
prayer made by the petitioner for grant of anticipatory bail 
requires to be 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

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