- 1 - NC: 2025:KHC:15068 CRL.P No. 4641 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. 4641 OF 2025 BETWEEN: LIKITH K @ LIKITH KUMAR S/O LATE KUMARASWAMY AGED ABOUT 23 YEARS R/AT HIREMARALI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT PIN - 571 421. …PETITIONER (BY SRI PRATHAP KUMAR M.S, ADV., FOR SMT. GOWRAMMA G.N, ADV.) AND: STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION MANDYA DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. …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 BAIL IN CR.NO.179/2024 OF RESPONDENT PANDAVAPURA P.S., FOR THE OFFENCES P/U/S 109,49,3(5) OF BNS, PENDING ON THE FILE OF CIVIL JUDGE (JR.DN) AND JMFC COURT, PANDAVAPURA, MANDYA DISTRICT. 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:15068 CRL.P No. 4641 of 2025 ORAL ORDER 1. Accused no.1 in Crime No.179/2024 registered by Pandavapura Police Station, Mandya District, for the offences punishable under Sections 109, 49, 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.179/2024 was registered by Pandavapura Police Station, Mandya District, for the aforesaid offences against the petitioner herein and three others based on the first information dated 23.08.2024 received from Madhukumara S/o Parashivamurthy - injured victim in the present case. During the course of investigation, petitioner herein was arrested on 07.02.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.5062/2025 was rejected on 22.02.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that accused no.3 has been granted regular bail by this Court in Crl.P. No.10687/2024 and accused no.4 was granted anticipatory bail - 3 - NC: 2025:KHC:15068 CRL.P No. 4641 of 2025 by the jurisdictional Sessions Court. The injured victim has suffered a fracture injury and the allegation against the petitioner is that he had assaulted the injured with a long. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that investigation of the case is pending and accused no.2 is still absconding. 6. Perusal of the averments found in the first information dated 23.08.2024 would go to show that there is civil dispute between the two parties with regard to certain land and also with regard to performing pooja in a temple. It appears that there is a criminal case registered in Crime No.325/2022 against some of the accused persons in the present case and the incident in question had taken place in the background of summoning a witness in the pending criminal case which was at the stage of recording evidence. 7. In the alleged incident that had taken place on 22.08.2024, the accused persons had entered the shop in which the injured victim Parashivamurthy was present and had assaulted him with weapons and caused injuries. Injured - 4 - NC: 2025:KHC:15068 CRL.P No. 4641 of 2025 Parashivamurthy has suffered three injuries in the incident in question and injury no.1 which is a fracture injury is said to be grievous injury and the other two injuries are simple in nature. Accused no.1 allegedly had assaulted Parashivamurthy with long and accused no.2 had assaulted Parashivamurthy with a wooden club. The grievous injury suffered by Parashivamurthy cannot said to be corresponding to the assault made with a long. 8. Petitioner is in custody from 07.02.2025. Major portion of the investigation is completed. The weapon used by the petitioner has been recovered. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.179/2024 registered by Pandavapura Police Station, Mandya District, for the offences punishable under Sections 109, 49, 3(5) of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:15068 CRL.P No. 4641 of 2025 a) Petitioner shall execute 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 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK