- 1 - NC: 2025:KHC:10550 CRL.P No. 2892 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2892 OF 2025 BETWEEN: MR. CHETHAN M.K S/O KRISHNAPPA AGED ABOUT 25 YEARS R/AT.MUNIYANAPALYA VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 572 130. …PETITIONER (BY SRI SAMPATH KUMAR D.S, ADV.) AND: THE STATE OF KARNATAKA BY ITS INSPECTOR KUNIGAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING AT BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP A/W SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED THE ACCUSED.NO.1.ON BAIL IN CRIME NO.301/2024, (C.C.NO. 1759/2024) WHICH IS REGISTERED BY THE KUNIGAL POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 109, 118(1), 118(2),49, 351(2), 352, OF B.N,S.2023, AND THE SAID MATTER IS PENDING BEFORE THE COURT OF HONBLE SENIOR CJ AND JMFC, KUNIGAL, TUMKURU. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10550 CRL.P No. 2892 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.301/2024 registered by Kunigal Police Station, Tumakuru, for the offences punishable under Sections 109, 118 (1), 118 (2), 49, 351(2) and 352 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.301/2024 was registered by Kunigal Police Station, Tumakuru, against the petitioner herein for the aforesaid offences based on the first information dated 05.08.2024 received from Manjanna M, who is the injured victim in the present case. During the course of investigation, petitioner herein was arrested on 05.08.2024 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against two accused persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:10550 CRL.P No. 2892 of 2025 Crl.Misc.No.1622/2024 was rejected on 20.11.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. In the first information which was submitted by the injured victim, it is stated that there was ill-will between two parties and case and counter cases were pending between them. It is in this background, on 05.08.2024 at about 08.45 p.m. when the first informant was in his house, petitioner who came there, called him out and after abusing him, assaulted him with a long and caused grievous injuries to his left hand and left shoulder. When the other inmates of his house raised a cry, accused allegedly left the place after criminally intimidating them. Petitioner/accused No.1 was arrested in the present case on 05.08.2024. Investigation in the case is completed and charge sheet has been filed. Undisputedly, petitioner has no other criminal antecedents. As a result of the assault made by the petitioner, victim has suffered injuries on his left hand and left shoulder. He has not suffered injury on any vital part of his - 4 - NC: 2025:KHC:10550 CRL.P No. 2892 of 2025 body. The allegation as against accused No.2 is that he had instigated accused No.1 to assault the injured. Undisputedly, petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, who is in custody for the last more than seven months, needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.301/2024 registered by Kunigal Police Station, Tumakuru, for the offences punishable under Sections 109, 118 (1), 118 (2), 49, 351(2) and 352 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the 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; - 5 - NC: 2025:KHC:10550 CRL.P No. 2892 of 2025 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 DN