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2025 DAILYLAW 10957 (KAR)

KASHINATH v. THE STATE OF KARNATAKA

CRL.P/200847/2025 · 2025-05-13

Rajesh Rai K

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2677 CRL.P No. 200847 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200847 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: KASHINATH S/O NINGAPPA, AGE: 42 YEARS, OCC: COOLIE, R/O LABOUR COLONY, DEVASUGURU VILLAGE, TQ. DIST. RAICHUR. …PETITIONER (BY SRI. MANJUNATH GINNI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SHAKTINAGR P.S., DIST. RAICHUR, THROUGH ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO ALLOW THE BAIL PETITION AND RELEASE THE ACCUSED PETITIONER ON REGULAR BAIL IN CRIME NO: 20/2025, SHAKTI NAGAR POLICE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2677 CRL.P No. 200847 of 2025 STATION, RAICHUR, PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE AT RAICHUR FOR THE OFFENCES PUNISHABLE 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) R/W SEC. 190 OF BNS-2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) Accused No.6 in Crime No.20/2025, registered by the Shakti Nagar Police Station, Raichur for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) read with Section 190 of the BNS, 2023 is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. FIR in Crime No.20/2025 was registered by the Shakti Nagar Police Station, Raichur for the aforesaid offences against Dodda Narasimhalu S/o Gurudas and others based on the first information made on 11.04.2025, received from Laxmi W/o Ningappa. During the course of - 3 - NC: 2025:KHC-K:2677 CRL.P No. 200847 of 2025 investigation of the case, the petitioner herein, who is arrayed as accused No.6 in the FIR was arrested on 12.04.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Criminal Miscellaneous No.260/2025 was rejected. Therefore, he is before this Court. 3. Heard learned counsel for the petitioner and le arned High Court Government Pleader, who is directed to take notice for the respondent/State. 4. Perusal of the material on record would go to show in respect of the alleged incident that had taken place on 11.04.2025, a case and counter case have been registered by the Shakti Nagar Police Station, Raichur in Crime Nos.19/2025 and 20/2025 almost for similar offences. The petitioner is the complainant in Crime No.20/2025. The petitioner has also suffered injuries in the alleged incident in question. The allegations against the petitioner are that he had assaulted Shivalingappa with the wooden piece on his back and also had assaulted - 4 - NC: 2025:KHC-K:2677 CRL.P No. 200847 of 2025 Pooja with a stone on her stomach. The incident in question appears to have taken place between two families having regard to the civil dispute between them. The petitioner is in custody from 12.04.2025. Considering the aforesaid aspect of the matter and the nature of allegations found against the petitioner, who is also an injured victim, in Crime No.20/2025, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed: ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.20/2025 of Shakti Nagar Police Station, Raichur, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) read with Section 190 of the BNS, 2023, pending before the III Additional Senior Civil Judge and JMFC, Raichur, subject to the following conditions: - 5 - NC: 2025:KHC-K:2677 CRL.P No. 200847 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (RAJESH RAI K) JUDGE TMP List No.: 1 Sl No.: 12 CT: AK