- 1 - NC: 2025:KHC:10228 CRL.P No. 1614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.1614 OF 2025 BETWEEN: SRI RAHUL NAYAKA S/O RAJA @ BOMBAY RAJU AGED ABOUT 27 YEARS R/AT 1ST CROSS ROAD, KUVEMPUNAGAR, KANAKAPURA TOWN, BENGALURU-562117 …PETITIONER (BY SRI TOMY SEBASTIAN, SR. ADVOCATE FOR SMT.MELANIE SEBASTIAN, ADVOCATE) AND: STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE -560001 …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC PRAYING TO ORDER THE RELEASE OF THE PETITIONER ON BAIL IN CR.NO.116/2024 REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 118(1), 351(2), 352 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C AT KANAKAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10228 CRL.P No. 1614 of 2025 ORAL ORDER Accused No.2 in Crime No.116/2024 registered by Kanakapura Town Police Station, Kanakapura Circle, Ramanagara District, for the offences punishable under Sections 118(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.116/2024 came to be registered by Kanakapura Town Police Station, Kanakapura Circle, Ramanagara District against the petitioner initially for the offence punishable under Sections 351(2), 118(1) and 352 of the Bharatiya Nyaya Sanhita, 2023, based on the first information dated 30.07.2024, received from one Shivalingaiah who is deceased in the present case. 4. During the course of investigation of the case, petitioner herein was arrested in Crime No.112/2024 registered by Kanakapura Town Police Station, Ramanagara District and was produced before the Court under body warrant in the present case on 04.12.2024 and was remanded to judicial custody. - 3 - NC: 2025:KHC:10228 CRL.P No. 1614 of 2025 5. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc. No.5014/2025 was rejected on 23rd January 2025. Therefore, petitioner is before this Court. 6. Sri Tomy Sebastian, learned Senior Advocate appearing on behalf of the petitioner submits that deceased Shivalingaiah himself was the first informant in the present case and he has specifically stated in the first information that accused No.1- Chaluvaraju had assaulted him on 21.07.2024. 7. Based on the alleged confession statement of the petitioner who was taken to custody in Crime No.112/2024 registered by Kanakapura Town Police Station, Ramanagara, petitioner is now arrayed as accused No.2 in the present case. Accordingly, he prays to enlarge him on bail. 8. Sri Vinay Mahadevaiah, learned High Court Government Pleader opposes the petition. He submits that petitioner is a person with criminal antecedents and investigation of the case is under progress. He submits that there are eye witnesses to the incident. Accordingly, he prays to dismiss the petition. - 4 - NC: 2025:KHC:10228 CRL.P No. 1614 of 2025 9. A perusal of the material on record would show that FIR in Crime No.112/2024 was registered by the Kanakapura Town Police Station, Ramanagara, for the offences punishable under Sections 109(1), 115(2), 118, 189(2), 190, 191(3), 324(2), 329(4), 351(2) and 76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 against Harsha and others. Alleged incident in Crime No.112/2024 had taken place on 21.07.2024 and sons of Shivalingaiah viz., Karunesha and Shiva are arrayed as accused Nos.2 and 4 in Crime No.112/2024. 10. In the first information that is submitted in the present case by Shivalingaiah on 30.07.2024 he has stated that on 21.07.2024 after coming to know that his sons viz., Karunesha and Shiva who are arrayed as accused Nos.2 and 4 in Crime No.112/2024 are involved in a fight in the village, he rushed to the spot and at that time, Sri Chaluvaraj, S/o Venkataiah, who was at the spot assaulted him with a long on his head and caused the injury. Thereafter, he had taken treatment for the injuries and after discharge from the hospital, he had approached the police on 30.07.2024. - 5 - NC: 2025:KHC:10228 CRL.P No. 1614 of 2025 11. From the reading of first information in the present case which was submitted by deceased Shivalingaiah, it is found that he has made allegations only as against Chaluvaraju- accused No.1 about assaulting him on his head. Chaluvaraju was arrested during the course of investigation of the present case and he is said to be in custody. 12. Petitioner who was arrayed as accused No.3 in Crime No. 112/2024 was arrested on 07.08.2024 and it is alleged that during interrogation in Crime No.112/2024 he had confessed that on 21.07.2024 at the time of alleged incident in Crime No.112/2024 he had seen a person behind him and without knowing that the said person was the father of co-accused- Karunesha and Shiva in Crime No.112/ 2024, he had assaulted the said person with a machete on his head. It is based on the said confession statement of the petitioner, he is now arrayed as accused No.2 in the present case. 13. A perusal of the material on record would go to show that deceased Shivalingaiah had suffered only one injury on his head. Deceased has made a categorical statement in his first - 6 - NC: 2025:KHC:10228 CRL.P No. 1614 of 2025 information that said injury was caused by accused No.1 who had assaulted him on his head with a long on 21.07.2024. 14. Considering the aforesaid aspects of the matter, I am of the view that petitioner’s prayer for grant of regular bail in the present case needs to be granted. Merely for the reason that petitioner is involved in some other case, the same cannot be a ground to deny regular bail in the present case, if he is otherwise found entitled for bail. 15. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.116/2024 of Kanakapura Town Police Station, Ramanagara District, registered for the offences punishable under Sections 118(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) 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; - 7 - NC: 2025:KHC:10228 CRL.P No. 1614 of 2025 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 mark his attendance before the Station House Officer of Kanakapura Town Police Station, Ramanagara District, on every Sunday between 10.00 am and 01.00 pm till investigation is completed and final report is filed in the present case. f) 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/- (S VISHWAJITH SHETTY) JUDGE kcm List No.: 1 Sl No.: 53