Yogish V.N vs State Of Karnataka By Channarayapatna Rural Police Station, Represented By State Public Prosecutor High Court Building Bangalore - 560001.

S Vishwajith Shetty, J

Accused in Crime No.55/2025 registered by Channarayapatna Police Station, Hassan District, for the offences punishable under Sections 132, 121(1), 352, 351(2), 351(3), 115(2) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

Heard the learned Counsel for the parties.

FIR in Crime No.55/2025 was registered by Channarayapatna Police Station, Hassan District, against the petitioner for the aforesaid offences based on the first information dated 26.03.2025 received from Arunkumar.B.V., who is the injured victim in the present case. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.332/2025 before the jurisdictional Sessions Court, which was rejected on 02.04.2025. Therefore, he is before this Court.

Learned Counsel for the petitioner submits that petitioner has no criminal antecedents and petitioner has not assaulted the first informant as alleged. He submits that for the reason that petitioner had questioned the act of the first informant who is a Government servant, a false complaint has been made. The first informant has not suffered any injury. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

Per contra, learned HCGP who has opposed the petition, fairly submits that the victim has not suffered any external injury as a result of the assault. He only had a swelling as a result of the assault made by the petitioner.

The allegation against the petitioner is that on 25.03.2025 at about 1.00 p.m., he had entered into the office of the first informant who is working as a Village Panchayath Development Officer and after abusing him had assaulted him with a rod causing injuries to him.

Admittedly, first informant has not suffered any external injury and according to the learned HCGP, he had only a swelling as a result of the assault. FIR is registered for offences punishable under Sections 132, 121(1), 352, 351(2), 351(3), 115(2) of BNS, 2023. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Undisputedly, petitioner has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. Considering the nature of allegations found in the first information and also having regard to the fact that the first informant has not suffered any external injuries as a result of the assault made by the petitioner, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be considered affirmatively. Accordingly, the following order:

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.55/2025 registered by Channarayapatna Police Station, Hassan District, for the offences punishable under Sections 132, 121(1), 352, 351(2), 351(3), 115(2) of BNS, 2023, subject to the following conditions:

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.

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

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.

The petitioner shall not involve in similar offences in future.