Karnataka High Court
Nikhil Malleshappa Badiger vs State Of Karnataka on 24 February, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:3723
CRL.P No. 100515 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL PETITION NO.100515 OF 2025
[438(Cr.PC)/482(BNSS)]
BETWEEN:
NIKHIL MALLESHAPPA BADIGER
AGE: 19 YEARS, OCC. STUDENT,
R/O. NEW GABBUR, 2ND CROSS,
HUBBALLI-580028.
... PETITIONER
(BY SRI R.M.JAVED, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH BENDIGERI P.S.HUBBALLI,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580001.
Digitally signed
by
MALLIKARJUN
... RESPONDENT
MALLIKARJUN RUDRAYYA
RUDRAYYA
KALMATH
KALMATH
Date:
2025.02.27
15:55:21
(BY SMT. GIRIJA S.HIREMATH, HCGP)
+0530
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
BNSS, 2023 (UNDER SECTION 438 OF CR.P.C.) SEEKING TO ALLOW
THIS PETITION AND DIRECT THE RESPONDENT POLICE TO ENLARGE
THE PETITIONER/ACCUSED NO.6 ON BAIL IN THE EVENT OF HIS
ARREST IN CONNECTION WITH CRIME NO.9/2025 FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 132, 109, 190 OF BNS
2023 ON SUCH TERMS, AND CONDITITIONS MAY BE PLEASE TO
IMPOSE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:3723
CRL.P No. 100515 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) for grant of anticipatory bail in Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132, 109 and 190 of Bharatiya Nyaya Sanhita, 2023 ('BNS' for short) by accused no.6 (petitioner).
2. Sri RM Javed, learned counsel for petitioner submitted that petitioner's apprehension of imminent arrest for non-bailable offences is based on registration of Crime no.92/2025 by Bendigeri Police Station for offences punishable under Sections 132, 109 and 190 of BNS. It was submitted, petitioner was earlier arraigned as accused no.9 in Crime no.6/2025 by Bendigeri Police Station on 11.01.2025. He was however, released on bail under order dated 31.01.2025 by II Additional District and Sessions Judge, Dharward. It was submitted, petitioner is a B.Com. III Semester student and was 19 years of age, permanent resident of Gabbur, Hubballi. In order to falsely implicate petitioner, above mentioned crime -3- NC: 2025:KHC-D:3723 CRL.P No. 100515 of 2025 number was registered. It was submitted even as per complaint, there were no specific overt acts as would constitute offence insofar as petitioner is concerned. Therefore, sought for grant of bail on conditions.
3. On other hand, Smt.Girija S Hiremath, learned HCGP for respondent - State sought to oppose petition. At outset it was submitted, offences alleged against petitioner were under Section 132, 109 and 190 of BNS i.e. obstructing public servant in performing his duty, attempt to commit murder and with common intention. It was submitted, though in complaint overt act was in respect of accused no.1, said offence was committed in furtherance of common intention. Therefore, petitioner would also be covered. Further, petitioner was arraigned as accused no.9 in Crime no.6/2025 and while on bail had involved in commission of present offence. Thus, in case of grant of anticipatory bail, there was likelihood of petitioner involving in similar criminal activities or hamper investigation. On above ground, sought for rejection of petition.
4. Heard learned counsel and perused available material on record.
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NC: 2025:KHC-D:3723 CRL.P No. 100515 of 2025
5. From above, point that arises for consideration is:
"Whether petitioner is entitled for anticipatory bail on conditions?
6. At outset, it is seen petitioner's apprehension of imminent arrest for non-bailable offences is based on registration of Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132, 109 and 190 of BNS.
7. Offences alleged against petitioner are obstruction of public servant from performing duty under Section 132 of BNS punishable with imprisonment upto 2 years; attempt to murder under Section 109 of BNS punishable with imprisonment from 10 years upto life and unlawful assembly with common intention under Section 190 of BNS. Therefore, nature of offences would be grave. Even as per complaint, there are no overt acts against petitioner. On date of incident, petitioner along with others were apprehended, when accused no.1 tried to escape and in process attempted to strangulate a Police Constable. There are no such overt acts insofar as petitioner is concerned.
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NC: 2025:KHC-D:3723 CRL.P No. 100515 of 2025
8. It is not in dispute that petitioner had obtained bail in Crime no.6/2025. It is held that Hon'ble Supreme Court in case of Prabhakar Tewari v. State of Uttar Pradesh, reported in 2020 (11) SCC 648, mere criminal antecedents, would not be a justification for rejection of bail petition. Considering fact that petitioner is a student aged 19 years and concern of prosecution could be addressed by imposing appropriate conditions, point for consideration is answered in affirmative. Hence, following:
ORDER Petition is allowed. Petitioner/accused no.6 shall be enlarged on bail, in case of arrest in Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132, 109 and 190 of BNS, subject to following conditions:
a) Petitioner/accused no.6 shall appear before Investigating Officer within 15 days from date of this order and execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum.
b) He shall appear before Investigating Officer for purpose of investigation as and when required and co-
operate with investigation.
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NC: 2025:KHC-D:3723 CRL.P No. 100515 of 2025
c) Until filing of charge sheet, he shall also mark his attendance with Investigating Officer between 9:00 a.m. to 2:00 p.m. every alternative Sunday, beginning from 08.03.2025.
d) He shall not attempt to contact, threaten or intimidate victim or tamper / influence any other prosecution witnesses, either directly or indirectly.
e) He shall not indulge in any criminal activities.
f) He shall forthwith inform any change of his residence to Investigating Officer.
g) Observations made herein are on
prima facie consideration for
purposes of this order and shall not
bind Trial Court.
SD/-
(RAVI V.HOSMANI)
JUDGE
GRD
CT:PA
List No.: 1 Sl No.: 25