- 1 - NC: 2025:KHC:15459 CRL.P No. 4797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4797 OF 2025 BETWEEN: PREETHAM S/O TYAGARAJ AGED ABOUT 24 YEARS R/O TUBINAKERE VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. …PETITIONER (BY SRI VIJAY KUMAR T, ADV.) AND: THE STATE OF KARNATAKA STATE BY HIRISAVE POLICE STATION CHANNARAYAPATNA TALUK HASSAN DISTRICT 573 116 REP BY SPP, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.40/2025 REGISTERED BY THE HIRISAVE P.S., CHANNARAYAPATNA TALUK, HASSAN DISTRICT, FOR THE OFFENCE P/U/S 109,115(2),3(5) OF BNS, 2023, PENDING ON Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15459 CRL.P No. 4797 of 2025 THE FILE OF ADDL. CIVIL JUDGE (JR.DN) JMFC COURT, CHANNARAYAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.40/2025 registered by Hirisave Police Station, Hassan, for the offences punishable under Sections 109, 115(2) 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.40/2025 was registered by Hirisave Police Station, Hassan, for the aforesaid offences against Likhith and two others based on the first information dated 12.03.2025 received from Devamni, mother of injured Karthik and Rakshith. During the course of investigation, petitioner herein, who was arraigned as accused No.2 in the FIR was arrested on 14.03.2025 and remanded to judicial custody. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.277/2025 was rejected on 20.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:15459 CRL.P No. 4797 of 2025 4. A perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 12.03.2025, there is a case and counter case registered by Hirisave Police Station, Hassan in Crime No.40/2025 and Crime No.41/2025. Petitioner herein is arraigned as accused No.2 in Crime No.40/2025. Injury Certificate of the injured Karthik and Rakshith would go to show that Karthik has suffered only simple injuries in the incident in question and Rakshith has suffered lacerated wound above right eyebrow, which is certified as grievous injury by the Doctor, who has treated him. Considering the nature of injuries suffered by the victims in the incident in question and also having regard to the fact there is a case and counter case in respect of the alleged incident that had taken place on 12.03.2025, I am of the opinion that the prayer made by the petitioner, who has no other criminal antecedents, for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.40/2025 registered by Hirisave Police Station, Hassan, for the offences punishable under - 4 - NC: 2025:KHC:15459 CRL.P No. 4797 of 2025 Sections 109, 115(2) 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 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN