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2025 DAILYLAW 21987 (KAR)

SRI SHARAN v. STATE OF KARNATAKA

CRL.P/4504/2025 · 2025-04-08

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15189 CRL.P No. 4504 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4504 OF 2025 BETWEEN: SRI SHARAN AGED 23 YEARS SON OF SRI SAMI KARINAN RESIDING AT NO.238, 4TH MAIN ROAD, NEW TIPASANDRA BENGALURU - 560 075. …PETITIONER (BY SRI JAGADISH M BALIGA, ADV., FOR SRI CHANDRA MOHAN K, ADV.) AND: STATE OF KARNATAKA BY JEEVANBHEEMANAGAR POLICE STATION BENGALURU - 560 075 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.42/2025 OF JEEVANBHEEMA NAGAR P.S., FOR THE OFFENCES P/U/S 109,3(5) OF BNS, 2023, ON THE FILE OF THE X ACMM, MAYO HALL, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15189 CRL.P No. 4504 of 2025 ORAL ORDER 1. Accused No.2 in Crime No.42/2025 registered by Jeevan Bheemanagar Police Station, Bengaluru City, for the offences punishable under Sections 109 and 3(5) 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.42/2025 was registered by Jeevan Bheemanagar Police Station, Bengaluru City, for the aforesaid offences against Vignesh and others based on the first information dated 18.02.2025 received from Dasaraju R, who is the father of the alleged victim Shakti. During the course of investigation, petitioner herein, who was arraigned as accused No.2 in the FIR was arrested on 19.02.2025. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.25178/2025 dated 20.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:15189 CRL.P No. 4504 of 2025 4. Learned counsel for the petitioner submits that accused No.1 as against whom there is an allegation of assaulting injured victim with a weapon has been already granted regular bail in Crl.Misc.No.25171/2025 by the jurisdictional Sessions Court. Petitioner has no other criminal antecedents. There is a delay in lodging the FIR. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. A perusal of the material on record would go to show that the alleged incident in question had taken place on 16.02.2025 and FIR was belatedly lodged on 18.02.2024. The allegation of assaulting injured with weapon is as against accused No.1. Petitioner allegedly had assaulted victim Shakti with his hands and legs. Accused No.1/Vignesh has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.25171/2025 disposed of on 15.03.2025. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 19.02.2025. Under the circumstances, I am of the opinion that - 4 - NC: 2025:KHC:15189 CRL.P No. 4504 of 2025 his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.42/2025 registered by Jeevan Bheemanagar Police Station, Bengaluru City, for the offences punishable under Sections 109 and 3(5) 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 5 - NC: 2025:KHC:15189 CRL.P No. 4504 of 2025 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN