- 1 - NC: 2025:KHC:14844 CRL.P No. 4179 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4179 OF 2025 BETWEEN: SRI BHADRAPPA S/O VENKATARAMAIAH AGED ABOUT 34 YEARS R/AT T GOLLAHALLI VILLAGE NANDAGUDI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. …PETITIONER (BY SRI ABHILASH KUMAR M.N, ADV. SRI NANJUNDA GOWDA M.R, ADV.) AND: THE STATE OF KARNATAKA BY NANDAGUDI POLICE BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.191/2024 OF NANDAGUDI POLICE STATION WHICH IS NOW PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC., COURT HOSAKOTE, BENGALURU RURAL DISTRICT, FOR THE OFFENCES P/U/S.109 OF BNS, 2023. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14844 CRL.P No. 4179 of 2025 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 in Crime No.191/2024 registered by Nandagudi Police Station, Bengaluru, for the offence punishable under Section 109 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.191/2024 was registered by Nandagudi Police Station, Bengaluru, against petitioner herein for the aforesaid offence based on the first information dated 26.10.2024 received from Munirathnamma, who is the injured victim in the present case. During the course of investigation of the case, petitioner herein was arrested on 07.11.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offence. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.342/2025 was rejected on 05.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:14844 CRL.P No. 4179 of 2025 4. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents and he is in custody from 07.11.2024 onwards. Investigation in the case is completed and charge sheet has been filed. Injured has already been discharged from the Hospital and her condition is stable. The spot of crime was shown in the present case by the husband of the injured and even the weapon used has been recovered at his instance. Therefore, a serious doubt arises with regard to the allegations found in the charge sheet. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that injured victim is the complainant and petitioner has caused multiple grievous injuries to the victim. Accordingly, she prays to dismiss the petition. 6. A perusal of the material on record would go to show that FIR in the present case has been registered against the petitioner based on the first information submitted by the injured victim Munirathnamma. In the first information, it is stated that first informant had an illicit relationship with the petitioner and since the first informant had gone to Tamilnadu - 4 - NC: 2025:KHC:14844 CRL.P No. 4179 of 2025 in a car belonging to another person, petitioner suspected her and it is in this background, he had quarreled with her and assaulted her with a knife on 26.10.2024 causing grievous injuries. Petitioner was arrested in the present case on 07.11.2024. Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offence. Victim, who was admitted in the Hospital has been discharged from the Hospital and her condition is said to be stable. 7. A perusal of the first information would go to show that husband of the victim lady was not present at the spot of crime and he was not the person, who had shifted her to the Hospital after the incident. However, the spot of crime was shown to the police on 27.10.2024 by the husband of the victim and the weapon used by the petitioner for assaulting injured Smt. Munirathnamma was also recovered from a place shown by the husband of the injured victim. The spot and recovery mahazar was prepared in the present case on 27.10.2024. Petitioner was subsequently arrested on 07.11.2024. Investigation in the case is completed and charge sheet has been filed. Petitioner has no other criminal antecedents. The alleged offences are not exclusively punishable with death or life imprisonment. - 5 - NC: 2025:KHC:14844 CRL.P No. 4179 of 2025 Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.191/2024 registered by Nandagudi Police Station, Bengaluru, for the offence punishable under Section 109 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 6 - NC: 2025:KHC:14844 CRL.P No. 4179 of 2025 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 DN