- 1 - NC: 2025:KHC:15670 CRL.P No. 3789 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3789 OF 2025 BETWEEN: MR. CHIJIOKE KELVIN @ KELVIN S/O JAMES AGED ABOUT 37 YEARS R/AT C/O B 18, 6TH C CROSS ROAD B NARAYANAPURA BENGALURU CITY - 560 016. …PETITIONER (BY SRI AJMAL KHAN, ADV.) AND: STATE OF KARNATAKA BY SHO, GOVINDAPURA PS BENGALURU, REPTED BY SPP HIGHCOURT BULDING BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.1/2025 REGISTRY GOVINDAPURA POLICE STATION FOR THE ALLEGED OFFENCE P/US/ 109(1),121(1),132,352 OF THE BNS 2023 NOW PENDING ON THE FILE OF THE XI ACJM 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:15670 CRL.P No. 3789 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.1/2025 registered by Govindapura Police Station, Bengaluru, for offences punishable under Sections 109(1), 121(1), 132, 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.1/2025 was registered by Govindapura Police Station, Bengaluru for the aforesaid offences against the petitioner herein on the basis of the first information dated 01.01.2025 received from Nagaraj Bhemappa Naragatti -Police constable, who is injured victim in the present case. 4. During the course of investigation of the case, petitioner herein was arrested on 01.01.2025 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against him for the aforesaid offences. Bail application filed by - 3 - NC: 2025:KHC:15670 CRL.P No. 3789 of 2025 the petitioner in Crl.Mis.No.25055/2025 before the Jurisdictional Sessions Court was rejected on 12.02.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the injured victim has suffered only simple injuries. Investigation of the case is completed and charge sheet has been filed. Incident in question had taken place on the eve of new year celebration. Accordingly, he prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petition. 7. Perusal of the averments founds in the first information would go to show that, on the intervening night of 31.12.2024 and 01.01.2025 when the first informant was on duty, he had intercepted a two wheeler in which, the petitioner and another lady were riding. Petitioner who was riding the two wheeler allegedly abused the first informant using filthy language and when the first informant allegedly went near him, all of a sudden he took out a knife and assaulted him and as a result, the first informant suffered injuries. Thereafter, the petitioner and the lady who was along with him in his two - 4 - NC: 2025:KHC:15670 CRL.P No. 3789 of 2025 wheeler managed to escape from the spot. After registration of FIR, on the very same day petitioner was arrested and he is in custody for the last more than three months. Investigation of the case is already completed. 8. Learned Additional SPP has fairly submitted that the injured victim has suffered only simple injury, which is a lacerated injury near his right eye. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.1/2025 registered by Govindapura Police Station, Bengaluru, for offences punishable under Sections 109(1), 121(1), 132, 352 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:15670 CRL.P No. 3789 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 SPV List No.: 1 Sl No.: 49