Karnataka High Court
Sri Ramakrishna Rao T vs The State Of Karnataka on 2 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:23676
CRL.P No. 1764 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1764 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI RAMAKRISHNA RAO T.,
S/O. NAGESH RAO T.,
AGED AOUT 72 YEARS,
OCCUPATION:- BUSINESS,
R/AT.NO.107, 7TH CROSS,
30TH MAIN, K.G. MEDICAL COLLEGE,
BSK III STAGE, VTC, BENGALURU SOUTH,
BENGALURU - 560 085
MOBILE NO.9845999300,
(NOW IN POLICE CUSTODY).
...PETITIONER
(BY SRI. TOMY SEBASTIAN, SENIOR COUNSEL FOR
SMT. RENY SEBASTIAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed BY BASAVESHWARANAGARA POLICE STATION,
by CHANDANA BENGALURU,
BM REPRESENTED BY ITS STATE PUBLIC
Location: High PROSECUTOR, HIGH COURT BUILDING,
Court of BANGALORE - 560 001.
Karnataka
2. VIVEK P. HEGADE,
S/O. LATE PRABHAKARA J. HEGADE,
AGED ABOUT 47 YEARS
R/AT. NO.76, 1ST "J" CROSS,
SHARADA COLONY,
BASAVESHWARANAGARA,
BENGALURU CITY - 560 079.
...RESPONDENTS
(BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1;
SRI. BRIJESH PATIL AND SRI AJITH A. SHETTY, ADVOCATES
FOR R2)
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NC: 2025:KHC:23676
CRL.P No. 1764 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN
CR.NO.37/2025 DATED 04.02.2025 FOR THE ALLEGED OFFENCE
PUNISHABLE U/SEC. 316(2), 318(4), 3(5) OF BNS 2023 AND SEC.21
OF BUDS ACT 2019 BY THE RESPONDENT NO.1 BASAVESHWARA
NAGAR P.S. AND NOW PENDING ON THE FILE OF HON'BLE PRL.
CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CCH-1.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"a) Call for entire records in Crime No.37/2025 dated 04.02.2025 for the alleged offences punishable u/s.
316(2), 318(4), 3(5) of Bharatiya Nyaya Sanhita 2023 and u/s. 21 of BUDS Act, 2019 registered by the Respondent No.1 Basaveshwara Nagar Police Station and now pending on the file of Hon'ble Prl. City Civil and Sessions Judge, at Bengaluru (CCH-1).
b) Quash the FIR and Complaint in Crime No.37/2025, dated 04.02.2025 for the alleged offence punishable u/ss. 316(2), 318(4), 3(5) of Bharatiya Nyaya Sanhita 2023 and u/s. 21 of BUDS Act, 2019 by the Respondent No.1, Basaveshwara Nagar Police Station and now pending on the file of Hon'ble Prl. City Civil and Sessions Judge, at Bengaluru (CCh-1).
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NC: 2025:KHC:23676 CRL.P No. 1764 of 2025 HC-KAR
2. Heard learned counsel for the petitioner, learned Addl. SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
3. When the matter was posted before this Court on 11.02.2025, since joint submission was made that there was possibility of amicable settlement, the petitioner who was in police custody on that point of time was directed to be released on interim bail. The said order granting interim bail dated 11.02.2025 reads as under:
Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
2. A perusal of the material on record would indicate that though several contentions have been urged by both sides, there exists a possibility by amicable settlement between the parties.
3. Under these circumstances, for the limited purposes of enabling the petitioner to explore the possibility of amicable settlement with respondent No.2, by way of an interim arrangement and without prejudice to the rights and contentions of the parties, respondent No.1 - Police shall immediately release the petitioner on interim bail without any delay, subject to the following terms and conditions:-4-
NC: 2025:KHC:23676 CRL.P No. 1764 of 2025 HC-KAR
a) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
b) The petitioner shall not involve in similar offences in future;
c) The petitioner shall co-operate with the investigation;
The petitioner and respondent No.2 shall appear before the Karnataka Mediation Center, Bangalore, along with their respective counsels on 15.02.2025, at 11.00 a.m. Liberty is reserved in favour of respondents to seek vacation / modification of this order.
Re-list on 24.02.2025 at 2.30 p.m."
4. It is a joint submission of both sides that mediation talks failed and the dispute could not be resolved between the petitioner and respondent No.2. Learned Senior counsel for the petitioner submits that the petitioner having already been released on interim bail, the present petition may be disposed of by making release of the petitioner on interim bail absolute and with condition that the petitioner would co-operate with the ongoing investigation
5. Per contra, learned Additional State Public Prosecutor and learned counsel for respondent No.2 submits that liberty may be reserved in favour of the respondents to seek cancellation of bail in the event the petitioner does not comply with the terms and -5- NC: 2025:KHC:23676 CRL.P No. 1764 of 2025 HC-KAR conditions of this order and if he does not co-operate with the ongoing investigation, even after the order granting interim bail dated 11.02.2025 is made absolute.
6. By way of reply, learned Senior counsel for the petitioner submits that the petitioner would co-operate with the ongoing investigation and would withdraw the challenge made to the impugned FIR.
7. The aforesaid submissions are placed on record.
8. In view of the aforesaid facts and circumstances and in the light of the order granting interim bail dated 11.02.2025 and the joint submissions made by both sides, the petition deserves to be disposed of by issuing certain directions.
9. In the result, I pass the following:
ORDER The petition is disposed of and the interim order granting bail, dated 11.02.2025, in favour of the petitioner is made absolute, subject to the following conditions:-6-
NC: 2025:KHC:23676 CRL.P No. 1764 of 2025 HC-KAR
i) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
ii) The petitioner shall not involve in similar offences in future;
iii) The petitioner shall co-operate with the investigation;
Liberty is reserved in favour of the respondents to seek cancellation of bail by approaching the Trial Court, in the event the petitioner violates any of the aforesaid terms and conditions.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 27