- 1 - NC: 2025:KHC:16153 CRL.P No. 3096 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3096 OF 2025 BETWEEN: KOWSHIK S.E @ KIRIK @ KIRIK KOWSHIK S/O ESHWARAPPA AGED ABOUT 24 YEARS R/AT SAGANIPURA VILLAGE CHIKMAGALUR - 577 102 …PETITIONER (BY SRI. MOIDEEN ARAFAT, ADVOCATE) AND: STATE OF KARNATAKA BY CHIKMAGALUR TOWN POLICE STATION REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.,) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL UNDER SECTION 483 OF BNSS, IN CONNECTION WITH CRIME NO.139/2024 (S.C.NO.131/2024) REGISTERED BY CHIKMAGALUR TOWN POLICE ON THE FILE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKMAGALUR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 126(1), 109(1), 351(1) AND 132 OF BHARATIYA NYAYA SANHITHA, 2023. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:16153 CRL.P No. 3096 of 2025 THIS CRIMINAL 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 in S.C.No.131 of 2024 pending before the court of Principal District and Sessions Judge, Chickmagalur, arising out of Crime No.139 of 2024 registered by Chickmagalur Town Police Station, for the offences punishable under Sections 352, 126(1), 109(1), 351(1) and 132 of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'the BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.139 of 2024 was registered by Chickmagalur Town Police Station, for the aforesaid offences against the petitioner herein based on the first information dated 06.08.2024 received from the injured victim. During the course of investigation, the petitioner herein was arrested on 06.08.2024 and subsequently, remanded to the judicial custody. The investigation of the case is completed and the charge sheet has been filed against the accused. The bail - 3 - NC: 2025:KHC:16153 CRL.P No. 3096 of 2025 application filed by the petitioner before the Sessions Court in S.C.No.131 of 2024 came to be dismissed on 16.12.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner re-iterating the grounds urged in the petition, seeks to allow the petition. 5. Per contra, learned Additional State Public Prosecutor for the respondent opposing the petition submits that the petitioner is a person of criminal antecedents and therefore, in the event, he is enlarged on bail, he may indulge in tampering the material witnesses. Accordingly, prays for dismissal of the petition. 6. A perusal of the material on record would go to show that the alleged incident had taken place on 06.08.2024 when the first informant (CW1) and his friend (CW2) were having tea in Akshata Canteen. The accused came there and allegedly asked them to pay money for the tea and cigarette consumed by him and also criminally intimidated them. Though CWs.1 and 2 had paid the money for the tea and cigarette consumed by the petitioner, he thereafter once again followed them and after - 4 - NC: 2025:KHC:16153 CRL.P No. 3096 of 2025 quarreling with them, allegedly assaulted CW1 with a dragger and caused injuries. 7. The wound certificate of the injured victim would go to show that he has suffered simple injuries in the incident. The petitioner is in custody from 06.08.2024. The investigation is completed and the charge sheet has been filed. In all the earlier cases registered against him, petitioner has been enlarged on bail. The apprehension expressed by the learned Additional State Public Prosecutor can be taken care of by imposing appropriate condition. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.139 of 2024 of Chickmagalur Town Police Station, pending in S.C.No.131 of 2024 before Principal District and Sessions Judge, Chickmagalur, for the offences punishable under Sections 352, 126(1), 109(1), 351(1) and 132 of BNS, 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; - 5 - NC: 2025:KHC:16153 CRL.P No. 3096 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 not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. f) Petitioner shall appear before the Station House Officer of Vidyaranyapura Police Station between 10.00 a.m. and 1.00 p.m. on every Sunday and mark his attendance regularly, till the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 68