- 1 - NC: 2025:KHC:11907 CRL.P No. 1607 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1607 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: NAVEEN KUMAR S C S/O CHANDRASHEKAR, NOW AGED ABOUT 34 YEARS, R/AT SMT. SHANTHAMMA & MUNIRAJU BUILDING, NO.13, GROUND FLOOR, CHIKKABEGURU GATE, 3RD CROSS, KOODLU GATE, BENGALURU - 560 068 NATIVE ADDRESS SREEBILENAHALLI VILLAGE, SHILANERE HOBLI, K R PETE TALUK, MANDYA DISTRCT - 571426. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. CHANDRASHEKARA K A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF BELLANDURU POLICE STATION, BENGALURU CITY - 560103. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560001. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11907 CRL.P No. 1607 of 2025 2. Y. S. SIDDARAJU, S/O SIDDEGOWDA, AGED ABOUT 35 YEARS, R/AT NO.33/3, GEJJALAGERE(V), MADDDUR TALU, MADDUR DISTRICT. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1, MS. RAMA R IYER, ADV. FOR DEFACTO COMPLIAINAT) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT HIM BAIL IN CRIME NO.825/2024 OF BELLANDURU POLICE STATION, BENGALURU CITY NOW PENDING ON THE FILE OF THE LEARNED 41st ADDL. CMM, COURT BENGALURU CITY FOR THE OFFENCE P/U/S 109 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Cr.No.825/2024 pending before the Court of 41st Additional CMM Court, Bengaluru City, registered by the Bellanduru police station, Bengaluru for the offence punishable under Sections 109 and 352 of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail. - 3 - NC: 2025:KHC:11907 CRL.P No. 1607 of 2025 2. Heard the learned counsel for the parties. 3. FIR in Crime No.825/2024 was registered by Bellanduru police station, Bengaluru initially for the offence punishable under Section 109 of BNS, 2023, against the petitioner herein, based on the first information dated 03.12.2024, received from Y.S.Siddaraju, who is the injured victim in the present case. During the course of the investigation, petitioner herein was arrested on 11.12.2024 and subsequently, remanded to judicial custody. His bail application filed before the jurisdiction Sessions Court in Crl.Misc.No.11598/2024 was rejected on 21.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that in respect of the alleged incident that had taken place on 03.12.2024, the case and counter case has been registered by the very same police station. Petitioner had also suffered injury to his left hand and was admitted for a period of nearly 9 days in the hospital. Investigation of the case is completed and injured victim has been already discharged from the hospital. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:11907 CRL.P No. 1607 of 2025 5. Per contra, learned High Court Government Pleader and learned counsel for defacto complainant have opposed the petition. They submit that the injured victim had suffered grievous injury on his stomach, as a result of assault made by the petitioner. The petitioner is arrayed as an accused in Cr.No.851/2024, registered by the very same police station for the offences punishable under Sections 316(4) and 318(4) of the BNS, 2023. In the event petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, they pray to dismiss the petition. 6. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 03.12.2024, case and counter case has been registered by Bellanduru police station, Bengaluru in Cr.No.825/2024 and Cr.No.826/2024. In Cr.No.826/2024, Y.S. Siddaraju, who is the first informant in the present case is the accused. The petitioner herein also had suffered injury on his left hand in the incident in question and he was admitted for a period of nearly 9 days in the hospital and only after he was discharged from the hospital, he was arrested on 11.12.2024 and subsequently, remanded to judicial custody. Siddaraju who had suffered - 5 - NC: 2025:KHC:11907 CRL.P No. 1607 of 2025 grievous injury in the incident is also discharged from the hospital and his condition is said to be stable. 7. Investigation of the case is completed and charge sheet has been filed. Till the registration of the present case against the petitioner, he had no other criminal antecedent. Subsequently, FIR in Cr.No.851/2024 has been registered against him and it is brought to the notice of this Court ,he has been produced before the jurisdictional court under body warrant in Cr.No.851/2024. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Cr.No.825/2024 registered by Bellanduru Police Station, for the offences punishable under Sections 109 and 352 of the BNS, 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 - 6 - NC: 2025:KHC:11907 CRL.P No. 1607 of 2025 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/- (S VISHWAJITH SHETTY) JUDGE BH List No.: 1 Sl No.: 39