- 1 - NC: 2025:KHC:15030 CRL.P No. 3656 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3656 OF 2025 BETWEEN: HARSHA @ KAIMA, S/O RAVI, AGED ABOUT 28 YEARS, R/AT MALAGALU VILLAGE, KANAKAPURA TOWN, RAMANAGARA - 562 160. (ACCUSED NO.2 IS IN J.C) …PETITIONER (BY SRI. MAHESHA M.,ADVOCATE) AND: STATE OF KARNATAKA BY SHO, KAGGALIPURA PS, BENGALURU RURAL DISTRICT. REPTD. BY GOVT PLEADER, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.PUSHPALATHA.B., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.312/2024, FOR THE OFFENCES P/U/S 109(1), 121(1), 132, 262 R/W 3(5) OF BNS, REGISTERED BY THE RESPONDENT KAGGALIPURA P.S., PENDING ON THE FILE OF VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15030 CRL.P No. 3656 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.312/2024 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.255/2024 registered by Kaggalipura Police Station, Ramanagara, for offences punishable under Sections 109(1), 121(1), 132, 262 read with Section 3(5) 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.255/2024 was registered by Kaggalipura Police Station, Ramanagara, against Karunesh @ Kannu and petitioner herein for the aforesaid offences, based on the first information dated 28.07.2024 received from Mithun Shilpi V.J., Police inspector attached to Kaggalipura Police Station, Ramanagara. 4. During the course of investigation of the case, petitioner herein was arrested on 20.08.2024 and - 3 - NC: 2025:KHC:15030 CRL.P No. 3656 of 2025 subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two persons for the aforesaid offences and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by the petitioner before the trial Court in S.C.No.312/2024 was rejected on 21st January, 2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that the victim's in the present case namely C.W-3 and C.W-4 have only suffered simple injuries. The police had fired against accused persons on their leg on the alleged date of incident and as a result, petitioner has suffered a gunshot injury on his left leg and for the said injury, he is still under treatment. Doctors have opined that he needs higher and better treatment in a specialized hospital. In all the earlier criminal cases registered against petitioner he is enlarged on bail. Accordingly, he prays to allow this petition. 6. Per contra, Additional SPP has opposed the petition. She submits that petitioner is a person with - 4 - NC: 2025:KHC:15030 CRL.P No. 3656 of 2025 criminal antecedents and there are as many as seven criminal cases registered against him. In the alleged incident, the accused persons had tried to assault the police staff with deadly weapons when an attempt was made to apprehend them. Accordingly, she prays to dismiss this petition. 7. Perusal of the material on record would go to show that accused Nos.1 and 2 in the present case allegedly are also accused in Crime No.112/2024 registered by Kaggalipura Police Station, Ramanagara and in the said case they were absconding. On 28.07.2024, the police squad, who were in search of accused in Crime No.112/2024, found accused Nos.1 and 2 walking on the road near Valley School within the jurisdiction of Kaggalipura Police Station, Ramanagara and when an attempt was made to apprehend them, they not only tried to escape but all of a sudden took out a deadly weapon and assaulted the police who tried to apprehend them. It is alleged that as a result of the assault made by the accused, C.W-3 - Shivashankar L and C.W-4 - Sanna - 5 - NC: 2025:KHC:15030 CRL.P No. 3656 of 2025 Rajashekarappa Kavadimatti had suffered injuries and therefore in retaliation, the police had fired from their service pistol on the leg of accused persons. Wound certificate of C.W-3 and C.W-4 would go to show that they have suffered simple injuries in the incident in question. 8. Medical report of the petitioner, which is produced by the learned counsel for the petitioner along with memo dated 08.04.2025 would reflect that as a result of gunshot injury, petitioner has suffered a Left Distal Femur fracture and Left Popliteal Artery Injury. Medical report of the petitioner would go to show that he has been undergoing regular treatment for the aforesaid injuries in a specialized hospital at Bengaluru and the Chief Medical Officer of the Central Prison Hospital has opined that petitioner is on wheel chair facing difficulty to perform his daily routine activities and he requires regular treatment and management at a higher center. Investigation of the case is completed and charge sheet has been filed against accused Nos.1 and 2. In all the other criminal cases which were earlier registered against the petitioner, he is said to - 6 - NC: 2025:KHC:15030 CRL.P No. 3656 of 2025 have been enlarged on bail. Considering the nature of injuries suffered by the victim's in the present case and also taking into consideration the medical condition of the petitioner, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.312/2024 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.255/2024 registered by Kaggalipura Police Station, Ramanagara, for offences punishable under Sections 109(1), 121(1), 132, 262 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal 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; - 7 - NC: 2025:KHC:15030 CRL.P No. 3656 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. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 64