Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13913 CRL.P No. 3691 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3691 OF 2025 BETWEEN:
1. NAVEENA S/O SHIVU AGED ABOUT 25 YEARS AGRICULTURIST.
2. MANJAPPA S/O SHANKARAPPA AGED ABOUT 49 YEARS AGRICULTURIST.
BOTH ARE R/AT BYAGONDANAHALLI VILLAGE, YAGATI HOBLI, KADUR TALUK CHIKMAGALURU DISTRICT - 577 180. …PETITIONERS (BY SRI. MOHAN KUMAR B M.,ADVOCATE) AND:
1.
STATE BY YAGATI POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001.
2. CHANDRASHEKAR S/O GOVINDAPPA AGED ABOUT 31 YEARS R/AT BY RAGONDANAHALLI VILLAGE YAGATI HOBLI, KADUR TALUK CHIKMAGALURU DISTRICT - 577 180.
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13913 CRL.P No. 3691 of 2025
…RESPONDENTS (BY SRI NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER RELEASE OF THE PETITIONER (WHO HAS BEEN ARRAYED AS THE ACCUSED NO.13) IN CR.NO.116/2022 NOW PENDING IN S.C.NO.265/2022 ON THE FILE OF THE HONBLE COURT OF III ADDL.DISTRICT AND SESSIONS JUDGE AT HASSAN FOR THE ALLEGED OFFENCE P/U/S 363,364,302,201,120B,114 R/W1 49 OF IPC.
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 Nos.1 and 2 in Crime No.13/2025 registered by Yagati Police Station, Chikkamagaluru, for the offences punishable under Sections 109, 118(1), 3(5), 351(2) and 352 of BNS, 2023, are before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1. Respondent No.2 is present in person before this Court.
3. FIR in Crime No.13/2025 was registered by Yagati Police Station, Chikkamagaluru, for the aforesaid offences based on the first information submitted by respondent No.2. During the
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NC: 2025:KHC:13913 CRL.P No. 3691 of 2025
course of investigation, petitioners herein were arrested on 03.02.2025 and subsequently, remanded to judicial custody. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.75/2025 was rejected on 03.03.2025. Therefore, they are before this Court.
4.
Learned counsel for the petitioners having reiterated the grounds urged in the petition has prayed to allow the petition.
5. Per contra, learned HCGP has opposed the petition. Respondent No.2, who is present in-person before this Court submits that he has no objection to grant bail.
6. A perusal of the averments found in the first information would go to show that accused No.1 allegedly was sending obscene messages to the wife of first informant and on the alleged date of incident, first informant had gone to the house of accused persons to enquire as to why such messages were sent. In the first information, it is alleged that accused persons after abusing the first informant had assaulted him and as a result of the assault, first informant had suffered injuries and he had taken treatment in a Hospital and thereafter, approached the police. In the incident that had taken place on
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NC: 2025:KHC:13913 CRL.P No. 3691 of 2025
02.02.2025, undisputedly first informant has suffered only simple injuries. Petitioners, who have no other criminal antecedents are in custody from 03.02.2025. Considering the nature of allegations found against the petitioners in the first information and also considering the injuries sustained by the first informant, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.13/2025 registered by Yagati Police Station, Chikkamagaluru, for the offences punishable under Sections 109, 118(1), 3(5), 351(2) and 352 of BNS, 2023, subject to the following conditions:
a) Petitioners shall execute a 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 petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
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NC: 2025:KHC:13913 CRL.P No. 3691 of 2025
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN