- 1 - NC: 2025:KHC:16916 CRL.P No. 5231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5231 OF 2025 BETWEEN: SRI MANJUNATHA S/O THATHAPPA AGED ABOUT 24 YEARS OCC FARMER RESIDENT OF HOSAKUNDAVADA VILLAGE, DAVANAGERE DAVANAGERE DISTRICT PIN CODE NO. 577 566. …PETITIONER (BY SRI JAIRAJ G, ADV.) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER VIDYANAGAR POLICE STATION DAVANAGERE, DAVANAGERE DISTRICT PIN CODE NO. 577 005, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2025 (C.C.NO.972/2025) FOR AN OFFENCE P/U/S 109, 3(5), 351(1), 351(2) AND 61(2) OF BNS, 2023, BEFORE THE RESPONDENT POLICE/VIDHYANAGARA POLICE ON THE COMPLIANT OF SMT.ROOPA WHICH IS NOW PENDING ON THE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16916 CRL.P No. 5231 of 2025 FILE OF 1st ADDL. SENIOR DIVISION CIVIL JUDGE AND JMFC AT DAVANAGERE. 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.1 in Crime No.4/2025 registered by Vidyanagar Police Station, Davanagere, for the offences punishable under Sections 109, 3(5), 351(1), 351(2) and 61(2) 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.4/2025 was registered by Vidyanagar Police Station, Davanagere, for the aforesaid offences against the petitioner and two others based on the first information dated 04.01.2025 received from Smt. Roopa, who is the elder sister of the petitioner herein. During the course of investigation, petitioner herein was arrested on 07.01.2025. After investigation, charge sheet has been filed against three persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional - 3 - NC: 2025:KHC:16916 CRL.P No. 5231 of 2025 Sessions Court in Crl.Misc.No.284/2025 was rejected on 01.04.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that first informant, who is the sister of the petitioner herein had married Dhananjaya (CW6) against the wishes of her family members. Therefore, accused persons allegedly had ill-will against her and on the alleged date of incident, accused No.1 who came in a tractor allegedly dashed the said tractor against the motor bike in which husband of the first informant and his mother were traveling along with a child. As a result, persons who were traveling in the motor bike had fallen down and thereafter, accused No.1 allegedly assaulted Dhananjaya and his mother Smt. Nirmala and caused grievous injuries. Investigation in the case is completed and charge sheet has been filed. 5. The material on record would go to show that husband of the first informant, namely, Dhananjaya had suffered only simple injuries in the incident in question and his mother had suffered grievous injuries in the incident in question. It is not in dispute that the injured persons have been discharged from the - 4 - NC: 2025:KHC:16916 CRL.P No. 5231 of 2025 Hospital and their condition is said to be stable. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 07.01.2025. Investigation in the case is completed and charge sheet has been filed. Considering the nature of allegations and the background in which the incident in question had taken place, 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:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.4/2025 registered by Vidyanagar Police Station, Davanagere, for the offences punishable under Sections 109, 3(5), 351(1), 351(2) and 61(2) 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; - 5 - NC: 2025:KHC:16916 CRL.P No. 5231 of 2025 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