- 1 - HC-KAR NC: 2025:KHC:22780 CRL.P No. 4647 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4647 OF 2025 BETWEEN: RAJU P S/O PUTTASWAMAIAH AGED ABOUT 44 YEARS R/OF CHANNAMANAHALLI KAILANCH HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT. …PETITIONER (BY SRI A.N. RADHA KRISHNA, ADV.) AND: THE STATE OF KARNATAKA BY IJOOR POLICE, THE STATE PUBLIC PROSECTOR, RAMANAGARA REPRESENTED BY HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.138/2022 OF IJOOR POLICE, FOR THE OFFENCES P/U/S 323,324,354,448,504,307,302 R/W 34 OF IPC, PENDING ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, IN CC.NO.24/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22780 CRL.P No. 4647 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.35/2025 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.138/2022 registered by Ijoor Police Station, Ramanagara, for the offences punishable under Sections 504, 448, 302, 307, 323, 324, 354 and 34 of IPC, 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.138/2022 was registered by Ijoor Police Station, Ramanagara, initially for the offences punishable under Sections 504, 143, 147, 148, 149, 448, 307, 323, 324, 327 and 354 of IPC against petitioner and others based on the first information dated 19.12.2022 received from Smt. Laksmamma, who is one of the injured victims in the present case. During the course of investigation, some of the accused were arrested and after completing investigation, charge sheet was filed against six persons and petitioner, who is arraigned as accused No.1 in the charge sheet was shown as absconding. The case - 3 - HC-KAR NC: 2025:KHC:22780 CRL.P No. 4647 of 2025 against other accused was committed to the jurisdictional Sessions Court and numbered in SC No.49/2023. Petitioner had subsequently surrendered on 10.02.2025 before the Committal Court and his case is now committed to the jurisdictional Sessions Court and is pending in SC No.35/2025. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.202/2025 was rejected on 10.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that though in the first information, there is an allegation made by CW1 Smt. Laksmamma that petitioner was the person who had assaulted the deceased Sanjay on his head with iron rod, in her further statement, she has made allegation against the petitioner and other accused persons about assaulting Sanjay on his head with weapons. All other accused except the petitioner have been enlarged on bail. Petitioner is a heart patient and considering his health condition, this Court has granted interim bail to him on 24.04.2025 and he has not violated any bail conditions. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:22780 CRL.P No. 4647 of 2025 5. Per contra, learned HCGP has opposed the petition. She submits that allegation in the charge sheet about assaulting the deceased on his head is as against petitioner. Death of the deceased is as a result of head injury. Accordingly, she prays to dismiss the petition. 6. Perusal of the averments found in the first information which was submitted by injured victim CW1 Smt. Laksmamma would go to show that she had made a specific allegation against the petitioner about assaulting the deceased Sanjay on his head with iron rod. In the further statement of CW1, she has made allegation that petitioner had assaulted the deceased Sanjay on his head with iron pipe and other accused persons had assaulted him with wooden club on his head. Though in the first information it is stated that immediately after the incident in question had taken place, police had arrived at the spot, FIR has been registered on the next day at about 03.00 p.m. Petitioner, who has no other criminal antecedents is in custody from 10.02.2025. All other accused persons have been already granted regular bail in the present case. - 5 - HC-KAR NC: 2025:KHC:22780 CRL.P No. 4647 of 2025 7. This Court by order dated 24.04.2025 had granted interim bail to the petitioner considering his health condition. Petitioner has produced certain documents subsequent to his release on interim bail which would prima facie go to show that he has taken certain treatment for his ailment. The case of the petitioner is now committed to the jurisdictional Sessions Court and is being tried along with SC No.49/2023 in which other accused persons are being tried. It is brought to the notice of this Court that trial in the case is yet to commence. Under the circumstances, 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 SC No.35/2025 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.138/2022 registered by Ijoor Police Station, Ramanagara, for the offences punishable under Sections 504, 448, 302, 307, 323, 324, 354 and 34 of IPC, 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 - 6 - HC-KAR NC: 2025:KHC:22780 CRL.P No. 4647 of 2025 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 Court until the case registered against him is disposed off. 9. In view of the disposal of the main petition, pending I.A.No.1/2025 does not survive for consideration. Hence, the same is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN