- 1 - NC: 2025:KHC:18371 CRL.P No. 5294 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 5294 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: 1. MOHAMMED BADSHA S/O ARISH M.A, AGED ABOUT 30 YEARS, R/AT NO.152, TOWN COLONY, 3RD BLOCK, KUSHAL NAGAR, KODAGU DISTRICT. PRESENTLY R/AT: GONDIBASAVANAHALLI VILLAGE, KUSHAL NAGAR TALUK, KODAGU DISTRICT -571234 2. BADRUDDIN.M.A. S/O. ARISH M.A AGED ABOUT 26 YEARS, R/AT NO.152, TOWN COLONY, 3RD BLOCK, KUSHAL NAGAR, KODAGU DISTRICT. PRESENTLY R/AT: GONDIBASAVANAHALLI VILLAGE, KUSHAL NAGAR TALUK, KODAGU DISTRICT -571234. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18371 CRL.P No. 5294 of 2025 3. HUSSAIN S/O. MOHAMMED, AGED ABOUT 21 YEARS, R/AT HULUGUNDA VILLAGE, KUSHAL NAGAR, KODAGU DISTRICT - 571234. …PETITIONERS (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BYLUKUPPE POLICE STATION, MYSURU DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP FOR RESPONDENT) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.43/2025 OF BYLAKUPPE POLICE STATION, MYSURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 126(2),352,109,118(2),3(5) OF BNS, PENDING ON THE FILE OF VIII ADDL. DISTRICT AND SESSIONS COURT, MYSURU, SITTING AT HUNSUR, MYSURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 3 - NC: 2025:KHC:18371 CRL.P No. 5294 of 2025 ORAL ORDER This petition is filed by the accused Nos.1 to 3 seeking for regular bail in Crime No.43/2025, registered by the Bylakuppe Police Station, Mysuru, for the offences punishable under Sections 126(2), 352, 109, 118(2), 3(5) of BNS. 2. The case of the complainant is that, the complainant is a mechanic and his younger brother was doing plumbing work. There is a vacant land near their house which belongs to the Forest Department. Accused Nos.1 to 3 used to come to that place once in 2-3 days and they were chatting and shouting, which was irritating the family of the complainant. The brother of the complainant had warned the accused not to come to the said place, for which, the accused had developed threats against his brother. 3. On 27.02.2025, the brother of the complainant had been to Koppa village, for plumbing work and after finishing his work, his brother was going on a motorbike - 4 - NC: 2025:KHC:18371 CRL.P No. 5294 of 2025 with his friend to Kushalnagar. At that time, near Kaveri Medical shop, Koppa village, accused Nos.1 to 3 came in their motorbike, restrained the brother of the complainant, abused him in filthy language. Accused No.1 assaulted on the head of the brother of complainant, accused No.2 kicked with his leg on his private part, accused No.3 assaulted his brother on his chest and back portion. Hemanth, Ajith and Sunil have pacified the quarrel. The brother of the complainant was taken to hospital for treatment. Therefore, he lodges a complaint against accused Nos.1 to 3. The respondent police have registered a case in crime No.43/2025. 4. Heard Sri.Lethif, learned counsel for the petitioner, and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent-State. 5. It is the submission of the learned counsel for the petitioner that even though there are allegations made against the petitioners that they had assaulted brother of the complainant, the fact remains that, the injuries which - 5 - NC: 2025:KHC:18371 CRL.P No. 5294 of 2025 are said to be caused are simple in nature, the offences are neither punishable with death nor imprisonment of life. Even though, the jurisdictional police have registered a case under Section 109 of BNS, 2023, the ingredients for the said offences cannot be attracted on the set of given facts. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and she further submitted that the assault made by the petitioners are severe in nature, the injured even was not in a position to speak during investigation. Therefore, the brother of the injured had lodged a complaint. Since the petitioners had committed heinous offence and which is punishable with imprisonment for life, the petitioners are not entitled for bail. Making such submissions, she prays to dismiss the petition. - 6 - NC: 2025:KHC:18371 CRL.P No. 5294 of 2025 7. Having heard the learned counsel for the respective parties and also perused the averments of the of the complaint and also other relevant documents produced along with the petition, learned HCGP made available the records regarding present status of the injured, which would indicate that, the injuries caused to the victim are simple in nature. Therefore, it is appropriate to grant them bail by imposing suitable conditions. 8. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioners are ordered to be enlarged on bail in Crime No.43/2025 of the respondent – Police, pending on the file of VIII Addl. District and Sessions Court at Mysuru, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: - 7 - NC: 2025:KHC:18371 CRL.P No. 5294 of 2025 a) The petitioners shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioners shall appear before the Trial Court on all dates of hearing without fail. c) The petitioners shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 33