Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11206 CRL.P No. 3218 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3218 OF 2025 BETWEEN: GOPALA S/O CHAMPALAL AGED ABOUT 30 YEARS R/AT BALLUPETE, SAKALESHPURA TALUK, HASSAN DISTRICT - 01. …PETITIONER (BY SRI PRATHEEP K.C, ADV.) AND:
THE STATE OF KARNATAKA REP BY ALUR POLICE STATION HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.202/2024 PENDING ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE AND J.M.F.C COURT ALUR FOR THE OFFENCE P/U/S 126(2)AND 109 OF BNS BY ALUR POLICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:11206 CRL.P No. 3218 of 2025
ORAL ORDER
1. Accused no.6 in Crime No.202/2024 registered by Alur Police Station, Hassan District, for the offences punishable under Sections 126(2), 61(1), 118(1), 118(2), 109 & 190 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.202/2024 was registered by Alur Police Station, Hassan District, initially for the offences punishable under Sections 126(2), 109 of BNS, 2023, against unknown persons based on the first information dated 18.12.2024 received from Lingaraju - father of injured Dushyantha Kumar. During the course of investigation, accused no.6 was arrested on 05.01.2025. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.178/2025 was rejected on
22.02.2025. Therefore, petitioner is before this Court.
4.
Learned Counsel for the petitioner submits that petitioner has no criminal antecedents. Investigation of the case is completed and injured victim has been discharged from the
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NC: 2025:KHC:11206 CRL.P No. 3218 of 2025
hospital and his condition is stable. Accordingly, he prays to allow the petition.
5. Learned HCGP who has opposed the petition does not dispute the submissions made by the learned Counsel for the petitioner.
6. FIR in the present case was initially registered against unknown persons based on the first information received by the father of the victim - injured Dushyanth Kumar. During the course of investigation, petitioner herein and other accused persons have been arrested. After completion of investigation, the police have now filed charge sheet against six accused persons. Petitioner herein is arrayed as accused no.6. It is not in dispute that petitioner does not have any criminal antecedents. It appears that petitioner and the injured have some financial dispute between themselves. The material on record would go to show that injured victim has been discharged from the hospital. His injury certificate and discharge summary made available to the court would go to show that his condition is stable. Investigation in the case is completed. Under the circumstances, I am of the opinion that
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NC: 2025:KHC:11206 CRL.P No. 3218 of 2025
petitioner's prayer for grant of regular bail 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.202/2024 registered by Alur Police Station, Hassan District, for the offences punishable under Sections 126(2), 61(1), 118(1), 118(2), 109 & 190 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- each 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;
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
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NC: 2025:KHC:11206 CRL.P No. 3218 of 2025
Court until the case registered against him is
disposed off.
SD/- (S VISHWAJITH SHETTY) JUDGE
KK