- 1 - NC: 2025:KHC:8416 CRL.P No. 2059 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2059 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI SHIVU ALIAS JOPADI ALIAS DEVARAJ KUNCHUR S/O PARAMESHAPPA AGED ABOUT 21 YEARS, R/AT. NO.7, 4TH CROSS, SOMASUNDAR PALYA, BOMMANAHALLI POST, BANGALORE SOUTH TALUK-560068. …PETITIONER (BY SRI. MOHAN H.S., ADVOCATE) AND: STATE BY KARNATAKA BY BANDE PALYA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001 …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.1/2025 ON THE FILE OF RESPONDENT BANDEPALYA POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 109, 351(2), 352, 3(5) OF BNS, 2023 AND U/S 25(1)(1A) OF THE ARMS ACT, 1959, PENDING BEFORE THE IX ADDL. CMM, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8416 CRL.P No. 2059 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, the learned Additional SPP for State and perused material on record. 2. Crime No.1/2025 of Bandepalya Police Station, Bengaluru City is registered against accused Nos.1 to 5 and others for offences punishable under Sections 109, 351(2), 352 and 3(5) of BNS, 2023. 3. Petitioner is arraigned as accused No.1 in the FIR. This petition is preferred praying to enlarge the petitioner on bail. 4. Complaint was lodged by injured/Om Prakash. It is alleged that on 01.01.2025 at about 3.30 p.m. while he was talking to his friend Yogi Murthy at Somasandra Palya ground, opposite to Pratham Motors, accused No.1 along with other accused persons picked up quarrel with him and in order to finish him, wielded a chopper at him and when he tried to escape the said blow, sustained injury to his elbow. Accused by name Rahul assaulted him with a long on his leg, accused - 3 - NC: 2025:KHC:8416 CRL.P No. 2059 of 2025 Ganesh assaulted him with beer bottle on his head, accused Giri and Thohid assaulted him with stones and attempted to commit his murder. 5. Petitioner was arrested on 04.01.2025. He is in judicial custody since then. 6. I have perused the wound certificate of the injured. Injuries are stated to be simple in nature. Injured has been discharged from the hospital. 7. Petitioner is aged about 21 years. Prosecution has to establish that petitioner had an intention to commit the murder of the injured. Considering that the petitioner is already arrested and interrogated, by imposing stringent conditions, he can be admitted to bail. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.1/2025 of Bandepalya Police Station, Benglauru City registered for the offences punishable under Sections 109, 351(2), 352, - 4 - NC: 2025:KHC:8416 CRL.P No. 2059 of 2025 3(5) of BNS, 2023 pending before IX Additional Chief Metropolitan Magistrate, Bengaluru shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for likesum to the satisfaction of jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is change in address. 3. He shall not directly or indirectly tamper with prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall mark his attendance before the concerned Police Station on every Wednesday and Sunday between 10.00 a.m. and 1.00 p.m. till filing of charge sheet. 6. He shall appear before trial Court regularly on all dates of hearing. - 5 - NC: 2025:KHC:8416 CRL.P No. 2059 of 2025 Violation of any of the conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BVK; List No.: 1 Sl No.: 60