- 1 - NC: 2025:KHC:7966 CRL.P No. 1827 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1827 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: BALAKRISHNA @ MATTON BALU S/O RANGAIAH, AGED 64 YEARS, R/AT. LAKSHMI RANGANATHA SWAMY NILAYA, BHANDRAHALLI VILLAGE, KAVALAGUNDI POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT- 577 301. …PETITIONER (BY SRI. RAVI SHANKAR K., ADVOCATE) AND: STATE BY SUB-INSPECTOR OF POLICE NEW TOWN POLICE STATION BHADRAVATHI REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT BAIL TO THE PETITIONER IN CR.NO.0008/2025 IN BHADRAVATHI NEW TOWN P.S., AGAINST THE PETITIONER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7966 CRL.P No. 1827 of 2025 FOR THE OFFENCE P/U/S 109(1), 115(2), 118(1), 3(5), 74 OF THE BNS, 2023 WHICH IS PENDING ON THE FILE OF IV ADDL. DIST. AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL OyRDER Heard both sides and perused the material on record. 2. Petitioner is arraigned as accused No.1 in Crime No.8/2025 of Bhadravathi New Town Police Station, Shivamogga, registered for the offence punishable under Section 109(1), 115(2), 118(1), 3(5) and 74 of BNS, 2023. 3. The complaint is lodged by one Dhanalakshmi W/o. Late. Marimuttu. In the complaint, she has alleged that on 16.01.2025 at about 7.00 to 7.30 p.m., accused Nos.1 to 3 arrived at the construction site of Mariyamma Temple, picked up quarrel, asserting that the area was reserved for an auto stand. When she tried to call her son Ganesh, the said accused assaulted on her head with an iron rod and accused by name Chethu kicked on her abdomen. She was then shifted to - 3 - NC: 2025:KHC:7966 CRL.P No. 1827 of 2025 Bhadravathi Government Hospital in an auto and given treatment. 4. Learned High Court Government Pleader has contended that there are many criminal cases registered against the petitioner and he is a rowdy sheeter in Bhadravathi New Town Police Station and therefore, if he is released on bail, he may once again commit similar offence and threaten the prosecution witnesses. He has therefore, sought to dismiss the petition. 5. Learned counsel for petitioner has contended that the entire allegations are false and due to political reasons, false cases are registered against the petitioner. He submitted that the petitioner is ready to furnish adequate surety and willing to abide by any conditions which may be imposed by this Court. 6. As per complainant averments, all the accused assaulted the complainant with an iron rod on her head, with an intention to commit her murder and the accused by name Chethu kicked on her stomach. As per wound certificate, complainant has sustained tenderness over the lip and left knee - 4 - NC: 2025:KHC:7966 CRL.P No. 1827 of 2025 joint. The injuries are stated to be simple in nature. As per history furnished, the assault was by unknown persons. 7. Omnibus allegations are made that all the accused have assaulted the complainant with an iron rod on her head with an intention to commit murder. Weapon has not been seized at the instance of the petitioner. As per the mahazar the iron rod was lying near the spot, handed over to the police by the complainant. 8. Petitioner was arrested on 17.01.2025. He is not required for further interrogation. Apprehension of the prosecution can be taken care of by imposing suitable conditions. Hence, the following; O R D E R Petition is allowed. Petitioner/accused No.1 in Crime No.8/2025 of Bhadravathi New Town Police Station, Shivamogga is ordered to be enlarged on bail, subject to following conditions: - 5 - NC: 2025:KHC:7966 CRL.P No. 1827 of 2025 1. He shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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. 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 condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 38