- 1 - NC: 2025:KHC:4689 CRL.P No. 691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 691 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KIRAN. N. S/O NAGARAJ AGED ABOUT 33 YEARS R/AT NO 46/1, 19TH MAIN ROAD JC NAGAR, KURUBARAHALLI MAHALAKSHMI LAYOUT, BANGALORE 560086 2. SAGAR S/O SHATHARAJU AGED ABOUT 24 YEARS - do – 3. VISHWANATH D S/O DEVAPPA AGED ABOUT 30 YEARS R/AT NO 112, 1ST MAIN 1ST CROSS, ASWATHNAGARA BAGALAGUNTE, BANGALORE 560086 (PETITONERS ARE IN JC) …PETITIONERS (BY SRI. MANJUNATH M R., ADVOCATE) AND: THE STATE OF KARNATAKA BY MAHALAKSHMILAYOUT PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BANGALORE 560001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4689 CRL.P No. 691 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.359/2024 OF MAHALAKSHMI LAYOUT P.S. BENGALURU REGISTERED FOR AN OFFENCE P/U/S 109, 140(1), 329(4), 351(3), 352 R/W 3(5) OF BNS 2023 WHICH IS PENDING BEFORE HON'BLE XXXII A.C.M.M COURT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by accused Nos.1 to 3 in Crime No.359/2024 of Mahalakshmipuram police station, Bengaluru City registered for offences punishable under Sections 109, 140(1), 3(5), 329(4), 351(3) and 352 of BNS, 2023. 2. It is the case of prosecution that accused no.1- Kiran was suspecting that his wife Smt.Bhoomika was having an illicit relationship with the first informant Bettaswamy. In this connection, he was quarreling with his wife. Hence, Smt.Bhoomika had left his company and living somewhere along with her children. On 27.12.2024 at about 11.00 p.m., accused- Kiran along with his friends - 3 - NC: 2025:KHC:4689 CRL.P No. 691 of 2025 Sagar and Vishwa trespassed into the house of the first informant and questioned him as to where he has kept his wife. All the three abused and assaulted him on his face, back and legs. Accused No.2 assaulted him on his head with a bottle and accused No.1 with a stone on his head, nose, back and hands. Thereafter, they forcibly took him in an Autorickshaw bearing No.KA-01-AF-1868 towards ring road. When they were proceeding, the Autorickshaw overturned and all of them sustained injuries. 3. It is alleged that all the accused have trespassed into the house of the first informant/injured and assaulted him with the bottle, stone etc., with an intention to commit his murder. 4. Learned High Court Government Pleader has furnished copy of the wound certificate pertaining to the first informant. He has sustained five injuries. However, all the injuries are simple in nature. - 4 - NC: 2025:KHC:4689 CRL.P No. 691 of 2025 5. It is contended by the learned counsel for the petitioners that the first informant sustained injuries on account of the accident and the allegations that the petitioners have assaulted, etc., is utterly false. He contends that the petitioners are arrested and interrogated and not required for further interrogation and hence may be enlarged on bail. 6. In the complaint itself it is stated that when the first informant and the petitioners were traveling in an Autorickshaw, the said Autorickshaw overturned and the first informant as well as these petitioners sustained injuries. Accused No.1 has shifted the injured, including the first informant to Victoria hospital and admitted him. Petitioners were arrested on 28.12.2024 and they are in judicial custody. The injuries sustained by the first informant are simple in nature. 7. Considering the above facts and circumstances, relief sought by the petitioners can be granted. Hence, the following : - 5 - NC: 2025:KHC:4689 CRL.P No. 691 of 2025 ORDER Petition is allowed. Petitioners/accused Nos.1 to 3 in Crime No.359/2024 of Mahalakshmipuram Police Station, Bengaluru, registered for offences punishable under Sections 109, 140(1), 3(5), 329(4), 351(3) and 352 of BNS, 2023, pending before the XXXII ACMM Court, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. - 6 - NC: 2025:KHC:4689 CRL.P No. 691 of 2025 4. They shall not indulge in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE rs/List No.: 1 Sl No.: 27