Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 23660 (KAR)

SUNIL v. STATE OF KARNATAKA

CRL.P/5378/2025 · 2025-04-22

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16625 CRL.P No. 5378 of 2025 C/W CRL.P No. 5372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5378 OF 2025 C/W CRIMINAL PETITION NO. 5372 OF 2025 IN CRL.P No. 5378/2025: BETWEEN: SUNIL S/O JAYAKUMAR B AGED ABOUT 34 YEARS RESIDING AT CHIKKAGOLLARAHATTI DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE CITY. …PETITIONER (BY SRI RAGHAVENDRA SHENOY M, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY MADANAYAKANAHALLY POLICE STATION, NELAMANGALA SUB-DIVISION, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL INCR.NO.200/2025 REGISTERED BY THE MADANAYAKANAHALLY POLICE STATION ON THE FILE OF THE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16625 CRL.P No. 5378 of 2025 C/W CRL.P No. 5372 of 2025 ADDL. CIVIL JUGE (SR.DIV.) AND CJM COURT, NELAMANGALA, BANGALORE FOR THE OFFENCE P/U/S 109(1), 115(1) R/W SEC. 3(5) OF THE BNS 2023. IN CRL.P NO. 5372/2025: BETWEEN: 1. GANESHA S/O LATE DHARMARAO AGED ABOUT 29 YEARS RESIDING AT CHIKKAGOLLARAHATTI DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE CITY. ...PETITIONER (BY SRI RAGHAVENDRA SHENOY M, ADV.) AND: THE STATE OF KARNATAKA REPRESENTED BY MADANAYAKANAHALLY POLICE STATION, NELAMANGALA SUB-DIVISION, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.200/2025 REGISTERED BY THE MADANAYAKANAHALLY POLICE STATION ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DIV.) AND CJM COURT, NELAMANGALA, BANGALORE FOR THE OFFENCES PUNISHABLE U/S. 109(1), 115(1) R/W SEC. 3(5) OF THE BNS 2023. - 3 - NC: 2025:KHC:16625 CRL.P No. 5378 of 2025 C/W CRL.P No. 5372 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.200/2025 registered by Madanayakanahally Police Station, Bengaluru District, for the offences punishable under Sections 109(1), 115(1) and 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.200/2025 was registered by Madanayakanahally Police Station, Bengaluru District, for the aforesaid offences against the petitioners herein based on the first information dated 15.03.2025 received from Shobha, who is the mother of injured victim Keerthiraju. During the course of investigation, petitioners herein were arrested on 15.03.2025 and thereafter, remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in - 4 - NC: 2025:KHC:16625 CRL.P No. 5378 of 2025 C/W CRL.P No. 5372 of 2025 Crl.Misc.No.542/2025 was rejected on 01.04.2025. Therefore, they are before this Court. 4. A perusal of the material on record would go to show that petitioners herein and the injured Keerthiraju are strangers. On the night of 14.03.2025, injured Keerthiraju along with co- employees was speaking to his employer and at that time, he saw accused No.1 staring at him and therefore, he allegedly abused him using filthy language. Accused No.1, who left the place thereafter returned with accused No.2 to the said place and thereafter, accused Nos.1 and 2 allegedly had assaulted Keerthiraju with deadly weapons for the reason that he had earlier abused accused No.1 using filthy languge. In the said incident, injured Keerthiraju had sustained grievous injuries and he was admitted to Hospital on 15.03.2025 and his medical records would go to show that he has been discharged from the Hospital on 19.04.2025 itself. It is brought to the notice of this Court that the condition of the injured victim is now stable. Petitioners undisputedly have no other criminal antecedents and the material on record would go to show that they had no ill-will as against the injured, who was a total stranger to them as on the date of the incident. Considering the aforesaid - 5 - NC: 2025:KHC:16625 CRL.P No. 5378 of 2025 C/W CRL.P No. 5372 of 2025 aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.200/2025 registered by Madanayakanahally Police Station, Bengaluru District, for the offences punishable under Sections 109(1), 115(1) and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties 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 their appearance for valid reasons; 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; - 6 - NC: 2025:KHC:16625 CRL.P No. 5378 of 2025 C/W CRL.P No. 5372 of 2025 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN