- 1 - NC: 2025:KHC:14490 CRL.P No. 4126 of 2025 C/W CRL.P No.4147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4126 OF 2025 C/W CRIMINAL PETITION NO.4147 OF 2025 IN CRL. P.No.4126/2025: BETWEEN: HARIPRASAD @ HARI @ HARIPAPU S/O SRINIVAS AGED ABOUT 33 YEARS R/AT CD-53, 2ND CROSS SRIRAMANAGARI, MURGESHPALYA BANGALORE - 560 017. ALSO R/AT NO.CD 30, 2ND CROSS SRIRAMANAGARI, VIMANAPURA BANGALORE - 560 017. …PETITIONER (BY SRI R VYBHAV, ADV.) AND: THE STATE BY JEEVAN BHEEMANAGAR P.S HAASUR SUB-DIVISION, BANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.25/2025 REGISTERED BY JEEVAN BHEEMANAGAR P.S. HALASUR SUB DIVISION BENGALURU CITY FOR THE OFFENCE P/U/S 109 OF BNS PENDING ON THE FILE OF 10TH ADDL.CMM COURT MAYO HALL BENGALURU. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14490 CRL.P No. 4126 of 2025 C/W CRL.P No.4147 of 2025 IN CRL. P.No.4147/2025: BETWEEN: TERRANCE RAHUL S @ RAHUL S/O SATISH S AGED ABOUT 28 YEARS R/AT NO.1ST CROSS SRIMANAGARI, MURGESHPALYA BANGALORE - 560 017. ALSO R/AT NO.355 1ST FLOOR, 1ST CROSS EJIPURA MAIN ROAD VIVEK NAGAR BANGALORE - 560 047. ...PETITIONER (BY SRI SHETTY DEEPAK, ADV.) AND: THE STATE BY JEEVAN BHEEMANAGAR PS HALASUR SUB-DIVISION, BANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.25/2025 REGISTERED BY JEEVAN BHEEMANAGAR P.S., HALASUR SUB DIVISION, BANGALORE CITY, FOR OFFENCE P/U/S 109 OF BNS, PENDING ON THE FLE OF 10TH ADDL. CMM COURT, MAYO HALL, BANGALORE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14490 CRL.P No. 4126 of 2025 C/W CRL.P No.4147 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime.No.25/2025 registered by Jeevan Bheemanagar Police Station, Bengaluru City for the offence punishable under Section 109 of BNS, 2023 are before this Court in these two petitions under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.25/2025 was registered by Jeevanbheema Nagar Police Station, Bengaluru City for the aforesaid offences against the petitioners herein on the basis of the first information dated 06.02.2025 received from Sri Santhosh. During the course of investigation, the petitioners were arrested on 15.02.2025 and remanded to judicial custody. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.25152/2025 was rejected on 11.03.2025. Therefore, they are before this Court. - 4 - NC: 2025:KHC:14490 CRL.P No. 4126 of 2025 C/W CRL.P No.4147 of 2025 5. Learned counsel appearing for petitioners submits that incident in question had taken place after the two parties had fought against each other in a bar and restaurant, after consuming liquor. The petitioners are in custody from 15.02.2025. Major portion of the investigation is completed. Accordingly, he prays to allow the petitions. 6. Per contra, the learned HCGP has opposed the petitions. He submits that the petitioners are the persons with criminal antecedents and Ravikiran, who is one of the injured has suffered grievous injury in the incident in question. Accordingly, he prays to dismiss the petitions. 7. Perusal of the material on record would go to show that, the first informant and his friend Ravikiran had gone to bar and restaurant for consuming alcohol and they had met their friend Ramachandra in the said bar and restaurant. It appears that there was a fight between petitioner No.1 and Ramachandra in the said bar and restaurant and after hearing the police siren, accused - 5 - NC: 2025:KHC:14490 CRL.P No. 4126 of 2025 C/W CRL.P No.4147 of 2025 persons had left the said spot. Thereafter, at about 1 a.m, on the intervening night of 05.02.2025 and 06.02.2025, the first informant and his friend Ravikiran had gone in search of Ramachandra near his house and they had enquired about the whereabouts of Ramachandra with his brother Nandakumar. The petitioners, who came there all of a sudden assaulted the first informant Santhosh and his friend Ravikiran with machete causing grievous injury to them and thereafter had escaped from the spot of crime. Nandakumar allegedly took the injured first informant Santhosh and Ravikumar to C.V. Raman hospital for the purpose of treatment. 8. The wound certificate of Santhosh and Ravikiran issued by C.V.Raman hospital would go to show that, they had suffered only simple injuries in the incident in question. Though Ramachandra was not present at the spot as per averments found in the first information, he is also shown as a injured in the present case and his wound - 6 - NC: 2025:KHC:14490 CRL.P No. 4126 of 2025 C/W CRL.P No.4147 of 2025 certificate would go to show that, he also had suffered simple injury. 9. The wound certificate on which reliance has been placed by the learned HCGP would go to show that, the said wound certificate was issued by a private hospital, which shows that Ravikiran had suffered grievous injury. Ravikiran was initially treated in C.V. Raman hospital and the said hospital has issued a wound certificate which prima-facie shows that Ravikiran had suffered only simple injury. 10. Considering the discrepancies in the wound certificate issued by two different hospitals a serious doubt arises with regard to case of the prosecution. Under these circumstances, I am of the opinion that the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 11. Accordingly, the following: ORDER The Criminal Petitions are allowed. - 7 - NC: 2025:KHC:14490 CRL.P No. 4126 of 2025 C/W CRL.P No.4147 of 2025 The petitioners are directed to be enlarged on bail in Crime.No.25/2025 registered by Jeevan Bheemanagar Police Station, Bengaluru City for the offence punishable under Section 109 of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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; 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS