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2025 DAILYLAW 21966 (KAR)

DARSHAN M v. STATE BY

CRL.P/4602/2025 · 2025-04-16

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15676 CRL.P No. 4602 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. 4602 OF 2025 BETWEEN: 1. DARSHAN M S/O MAHADEVASWAMY, AGED 21 YEARS, R/AT 418, 12TH A CROSS, MARIYAPPANAPALYA, SRIRAMPURAM, BANGALORE - 560 021 2. MANIKANTA. G S/O GOVINDARAJU, AGED 26 YEARS, R/AT 16, 7TH CROSS, MARIYAPPANA PALYA, SRIRAMPURAM BANGALORE - 560 021 3. SATISH R S/O RAMESH AGED 21 YEARS, R/AT 193, 2ND CROSS, 5TH MAIN ROAD, MARIYAPPANA PALYA, SRIRAMPURAM BANGALORE - 560 021 …PETITIONERS (BY SRI. RAJA K.P., ADVOCATE) AND: STATE BY RAJAJINAGAR POLICE STATION, BANGALORE - 560 010 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA AT BANGALORE -560 001 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:15676 CRL.P No. 4602 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.23/2025 OF RAJAJINAGAR POLICE STATION FOR THE ALLEGED OFFENCES P/U/S.109, 126(2), 352 R/W 3(5) OF BNS, NOW WHICH IS PENDING BEFORE THE LEARNED 32TH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE CITY. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 to 4 in Crime No.23/2025 registered by Rajajinagar Police Station, Bengaluru, for offences punishable under Sections 109, 126(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are 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.23/2025 was registered by Rajajinagar Police Station, Bengaluru for the aforesaid offences against one Vijaya and petitioners herein on the basis of the first information dated 05.03.2025 received from Monesh.M, one of the injured victims in the present case. - 3 - NC: 2025:KHC:15676 CRL.P No. 4602 of 2025 4. During the course of investigation of the case, petitioners who are arrayed as accused Nos. 2 to 4 in the FIR were arrested on 05.03.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioners in Crl.Mis.No.2260/2025 before the Jurisdictional Sessions Court was rejected on 21.03.2025. Therefore, the petitioners are before this Court. 5. Perusal of the averments founds in the first information would go to show that, first informant and his friend Surya.M were assaulted by unknown persons with a machete and beer bottle and on verification from the people present near the spot of incident, the first informant and other victim came to know that, the persons who had assaulted them were the accused named in the FIR. It is in this background, FIR in Crime No.23/2025 was registered against one Vijaya and the petitioners herein. As per the first information, thereafter the first informant and the other injured had gone to the hospital and taken treatment. The hospital records would go to show that history of assault was given by the injured as assault by unknown persons. Wound certificate of the injured would go to show that first informant has suffered grievous injury and - 4 - NC: 2025:KHC:15676 CRL.P No. 4602 of 2025 the other injured Surya.M has suffered only simple injury in the incident in question. First informant has been already discharged from the hospital and his condition is now said to be stable. Undisputedly, petitioners have no other criminal antecedents. They are in custody from 05.03.2025 onwards. Accused No.1 is said to be already arrested and remanded to judicial custody. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.23/2025 registered by Rajajinagar Police Station, Bengaluru, for offences punishable under Sections 109, 126(2), 352 read with Section 3(5) of BNS, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:15676 CRL.P No. 4602 of 2025 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; 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 SPV List No.: 1 Sl No.: 76