Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 12862 (KAR)

P RUDRESH @ RUDRI v. STATE BY

CRL.P/246/2025 · 2025-02-04

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5064 CRL.P No. 246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 246 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: P. RUDRESH @ RUDRI S/O PRAKASH, AGED ABOUT 32 YEARS, R/O OORUKERE JANATHA COLONY, VADACKAL POST, TUMAKURU TALUK, PIN CODE-572 106. …PETITIONER (BY SRI. MADHU C.S., ADVOCATE) AND: STATE BY TOWN POLICE STATION TUMKURU REPRESENTED BY THE STATE SPP HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION AND THE PETITIONER BE RELEASED ON REGULAR BAIL IN CRIME NO.467/2024 OF TUMAKURU TOWN POLICE STATION FOR AN OFFENCES PUNISHABLE UNDER SECTION 126(2), 109, 118(1), 61, 49, 352, 351(3), 3(5) OF BHARATIYA NYAYA SANHITA, 2023, ON THE FILE OF PRL. CIVIL JUDGE (SR.DN.) AND CJM, TUMKUR. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5064 CRL.P No. 246 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is arraigned as accused No.1 in Crime No.467/2024 of Tumakuru Town Police Station registered for offences punishable under Section 126(2), 109, 118(1), 61, 49, 352, 351(3), 3(5) of BNS, 2023. 2. This petition is preferred under Section 483 of BNSS, 2023, to enlarge the petitioner on bail. 3. Complaint is lodged by one Anjan Kumar H. S/o Hanumantharayappa, on the basis of which the aforementioned crime is registered against petitioner/accused No.1 and two others. 4. In brief, complaint allegations are that the accused persons consumed liquor and threw the liquor bottles in the premises of one Shivananda Middle School. The matter was informed to the complainant by the teachers. Complainant and his brother Shivaraju advised - 3 - NC: 2025:KHC:5064 CRL.P No. 246 of 2025 the petitioner not to do such things. In this background, on 07.12.2024 at about 9.15 p.m., near Karthik Bar, Antharasanahalli, Tumakuru, the accused persons assaulted the complainant and his brother Shivaraju with hockey sticks and assaulted his friend Vasu with a chopper and attempted to kill them. 5. Material on record shows that the complainant himself went to the spot along with his brother and his friend. The injured are alleged to have been assaulted with hockey sticks and chopper. I have perused the wound certificates of the injured. Complainant – Anjan Kumar and Shivaraju have not sustained any external injuries. Injured by name Vasudeva has sustained abrasions over the right middle finger. The injuries are stated to be simple in nature. At this stage, it cannot be said that there was any intention on the part of the accused to commit murder. The petitioner was arrested on 09.12.2024 and he is in judicial custody since then. He is not required for further interrogation. He has no criminal antecedents. He - 4 - NC: 2025:KHC:5064 CRL.P No. 246 of 2025 has undertaken to furnish adequate surety for his release on bail. The apprehension of the prosecution can be taken care of by imposing appropriate conditions. Hence, the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused No.1 in Crime No.467/2024 of Tumakuru Town Police Station, Tumakuru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 5 - NC: 2025:KHC:5064 CRL.P No. 246 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 33 Ct:ar