- 1 - HC-KAR NC: 2025:KHC:19133 CRL.P No. 5540 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5540 OF 2025 BETWEEN: SRI GURU, SON OF BASAPPA, AGED ABOUT 36 YEARS, RESIDING AT PUTTANAPURA VILLAGE, NEAR ESHWARA'S LAND, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT - 571 313. …PETITIONER (BY SRI. SHANKAR H S.,ADVOCATE) AND: STATE OF KARNATAKA BY GUNDLUPETE POLICE STATION, CHAMARAJANAGARA. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.31/2025 (CR.NO.310/2024) OF GUNDLUPETE P.S., PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, FOR THE OFFENCES P/U/S 352, 118(2), 109 OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19133 CRL.P No. 5540 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.31/2025 pending before the Court of the Principal District and Sessions Judge, Chamarajanagara, arising out of Crime No.310/2024 registered by Gundlupete Police Station, Chamarajanagara Dictrict, for offences punishable under Sections 352, 118(2), 109 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.310/2024 was registered by Gundlupete Police Station, Chamarajanagar against the petitioner herein initially for the offences punishable under Sections 352 and 109 of BNS, 2023 based on the first informant dated 22.12.2024 received from Chinnaswamappa who is the uncle of injured victim-Mani @ Manikanta. - 3 - HC-KAR NC: 2025:KHC:19133 CRL.P No. 5540 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 26.12.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been now filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.97/2025 was rejected on 02.04.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and in the incident in question, petitioner has not assaulted the victim on any vital part of his body. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that victim has suffered multiple grievous injuries in the incident in question. - 4 - HC-KAR NC: 2025:KHC:19133 CRL.P No. 5540 of 2025 7. Perusal of the chargesheet which is now filed in the present case would reveal that CW.5 - Smt.Shivakumari who is the mother of injured victim Manikanta (CW.2) allegedly had agreed to sell her agricultural property bearing Sy.No.27/2 of Puttanapura Village, Gundlupete Taluk to CWs.9 and 10 and subsequently CWs.9 and 10 had asked her to register the said property in favour of their nominees, since they had no money to purchase the property. Though, CW.5 had initially agreed for the said proposal, she had refused for the same subsequently and it is in this background, on 21.12.2022 petitioner herein allegedly came to the place of Manikanta and quarreled with him for the reason that he had sold his properties to some other persons and not to the person who was the nominee of the petitioner. Petitioner allegedly threw chilli powder on Manikanta and thereafter stabbed him and escaped from the spot. In the said incident, Manikanta who was suffered grievous - 5 - HC-KAR NC: 2025:KHC:19133 CRL.P No. 5540 of 2025 injuries had admitted to the hospital and was discharged on 20.01.2025. 7. Material on record would also go to show that Manikanta has not suffered any injuries to the vital part of his body. Undisputedly, petitioner has no other criminal antecedents. He is in custody for the last more than five months. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that petitioner custody is no more required and allegation found in the charge-sheet against the petitioner is required to be proved in a full fledged trial. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.31/2025 pending before the Court of the Principal District and Sessions Judge, Chamarajanagara, arising out of Crime No.310/2024 registered by Gundlupete Police - 6 - HC-KAR NC: 2025:KHC:19133 CRL.P No. 5540 of 2025 Station, Chamarajanagara Dictrict, for offences punishable under Sections 352, 118(2), 109 of BNS 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 rv List No.: 1 Sl No.: 50