- 1 - NC: 2025:KHC:17321 CRL.P No. 5426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5426 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. ARUN H. S., S/O. SRINIVASA, AGED ABOUT 25 YEARS, 2. SRI. KARTHIK R S/O. RUDRESH AGED ABOUT 24 YEARS, BOTH ARE RESIDENTS OF HARAKADAHALLI, VILLAGE, BASARALU HOBLI, MANDYA TALUK-571 416. …PETITIONERS (BY SRI. SHARATH GOWDA G. B., ADVOCATE) AND: STATE OF KARNATAKA BY BY BASARALU POLICE, MANDYA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU- 01. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.9/2025 REGISTERED BY THE RESPONDENT POLICE FOR Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:17321 CRL.P No. 5426 of 2025 THE OFENCES P/U/S. 126(2), 352, 115(2), 118(1), 109 AND 190 OF THE BNS, 2023, BY ARRAYING THEM AS ACCUSED NO.1 AND 2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Cr.No.9/2025 registered by Basaralu Police Station, Mandya, for offences punishable under Sections 126(2), 352, 115(2), 118(1), 109, 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.9/2025 was registered by Basaralu Police Station, Mandya for the aforesaid offences against the petitioners herein and two others, based on the first information dated 05.03.2025 received from Kirana H.M., who is one of the injured victims in the present case. During the course of the investigation of the case, petitioners were arrested on 06.03.2025 and subsequently, remanded to judicial - 3 - NC: 2025:KHC:17321 CRL.P No. 5426 of 2025 custody. Their bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.198/2025 was rejected on 01.04.2025, therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners are youngsters having no criminal antecedents. Incident in question had taken place in the midnight of the intervening night of 04.03.2025 and 05.03.2025. Injured victim Vishwas Gowtham has been already discharged from the hospital and his condition is stable. Father of accused No.1 has died after FIR was registered in the present case. Accused Nos.3 and 4 are also arrested in the present case. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition on the ground that investigation of the case is under progress. She submits that as a result of assault made by the accused persons, Vishwas Gowtham, who had suffered grievous injury, was admitted in the hospital and he has suffered a fracture injury on his right peripheral bone. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:17321 CRL.P No. 5426 of 2025 6. Perusal of the material on record would go to show that the first informant, who is working as a assistant cashier in the bar had gone out with Vishwas Gowtham on the night of 04.03.2025, who is allegedly working as a cashier in the very same bar and restaurant. It is alleged that at about 12.30 in the mid-night on the intervening night of 04.03.2025 and 05.03.2025, the accused persons all of a sudden intercepted the motor bike of the first informant and his friend Vishwas Gowtham and for the reason that first informant was found in the company of Vishwas Gowtham, they allegedly assaulted first informant and Vishwas Gowtham with iron rod and a wooden repiece. Undisputedly, the petitioners herein who are arrayed as accused Nos.1 and 2 in the FIR do not have criminal antecedents. They are aged about 25 years and 24 years respectively and are in custody from 06.03.2025 onwards. Accused Nos.3 and 4 are also arrested in the present case. 7. Material on record would go to show that major portion of the investigation is already completed. The first informant has suffered simple injury in the incident in question and Vishwas Gowtham, who has suffered grievous injuries was admitted in the hospital, subsequently discharged and his - 5 - NC: 2025:KHC:17321 CRL.P No. 5426 of 2025 discharge summary would go to that his condition is clinically stable. It is also brought to the notice of this Court, after registration of the FIR in the present case, father of accused No.1 has expired. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Cr.No.9/2025 registered by Basaralu Police Station, Mandya, for offences punishable under Sections 126(2), 352, 115(2), 118(1), 109, 190 of the BNS, 2023, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - NC: 2025:KHC:17321 CRL.P No. 5426 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners 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 BH List No.: 2 Sl No.: 4