- 1 - NC: 2025:KHC:6535 CRL.P No. 1109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1109 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: PRAJWAL T.S, S/O SHIVARAMU, AGED ABOUT 21 YEARS, R/AT THARIKERE COLONY VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA - 571 425. …PETITIONER (BY SRI. ADBHUTH J. KAUSHIK., ADVOCATE) AND: THE STATE OF KARNATAKA BY KOPPA POLICE STATION, MADDUR TALUK, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANTAKA, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P WAS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.20/2023(CC.NO.753/2023) OF KOPPA POLICE STATION, FOR THE OFFENCES P/U/S 341, 323, 326, 506 R/W 34 OF IPC, PENDING ON THE FILE OF I. ADDL. CIVIL JUDGE AND JMFC, MADDUR, MADDUR, MANDYA DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6535 CRL.P No. 1109 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / accused No.3 has preferred this petition seeking anticipatory bail in Crime No.20/2023 of Koppa Police Station, Mandya, registered for offences punishable under Section 323, 324, 341, 506 read with Section 34 of IPC. 2. FIR is registered against accused Nos.1 to 3, on a complaint lodged by one Meghashri. G.S., wherein she has alleged that on 01.04.2023, while she was walking along with her husband Prakash, near Kaluve, Tarikere colony village, accused persons wrongfully restrained them and picked-up quarrel relating to a site and assaulted them with hands and club. Further, when her mother-in- law Jayamma tried to intervene, accused No.1 pushed her into the Kaluve. 3. As per complaint allegations, accused No.2 assaulted Prakash with hands and club. - 3 - NC: 2025:KHC:6535 CRL.P No. 1109 of 2025 Petitioner / accused No.3 assaulted on his head with stone due to which Prakash lost his consciousness. He was given treatment at district hospital, Mandya. 4. I have perused the wound certificate of the injured, Prakash. He has sustained following injuries. i) CLW over fronto - parietal region of scalp measuring 6X2X1 cm ii) Contusion over right forearm 3X1 cm iii) Diffuse pain abdomen iv) Contusion over left leg 2X3 cm v) Decreased hearing both ears. 5. Injuries Nos.1 to 4 are said to be simple in nature and injury No.5 is said to be grievous in nature. In the complaint it is alleged that both Prajwal - accused No.3 and Prashanth - accused No.2 assaulted Prakash with club and again Prajwal - accused No.3 assaulted on his head with club and caused bleeding injuries. 6. Initially, case was registered under Section 323, 324, 341 and 506 read with Section 34 of IPC. Notice was - 4 - NC: 2025:KHC:6535 CRL.P No. 1109 of 2025 issued to the petitioner under Section 41A of Cr.P.C. It is submitted by the learned counsel that petitioner appeared before the Investigating Officer and co-operated with the investigation. He was not arrested. However, while filing the charge sheet, Section 326 was incorporated in place of Section 324 of IPC. 7. The incident is alleged to have taken place on account of a dispute with regard to a site. As per compliant allegations both Prajwal and Prashanth assaulted the injured with a club. One club and stone are seized from the spot. Accused Nos.1 and 2 are enlarged on bail by the learned Sessions Judge. Investigation is completed and charge sheet is filed. Petitioner can be therefore directed to appear before the Jurisdictional Court. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused No.3 in Crime No.20/2023 of Koppa Police Station, Mandya is directed to appear - 5 - NC: 2025:KHC:6535 CRL.P No. 1109 of 2025 before the Jurisdictional Court within a period of one week from the date of receipt of a copy of this order and in that event he shall be released on his executing a bond for a sum of Rs.1,00,000/- with a surety for the like-sum to the satisfaction of the learned Judge. iii) He shall appear before the Investigating Officer within a period of one week thereafter and co-operate with the further investigation of the case, if any. iv) He shall furnish proof of his residential address and shall inform the Court/I.O in case of change in the address. v) He shall not tamper with the prosecution witnesses. vi) He shall regularly attend the trial proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 37