- 1 - HC-KAR NC: 2025:KHC:20472 CRL.P No. 5575 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5575 OF 2025 BETWEEN: SHIVARAJU S.D S/O LATE DASAIAH @ MOOGAIAH AGED ABOUT 37 YEARS R/AT SHAMBHUNAHALLI VILLAGE KASABA HOBLI, PANDAVAPURA TALUK, MANDYA - 540 104. …PETITIONER (BY SRI LAKSHMIKANTH K, ADV.) AND: STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 01. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO. 5007/2025 OF RESPONDENT PANDAVAPURA POLICE STATION FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 109, 352, 351(2), 351(3), 118(1), 118(2) OF BNS ACT PENDING DISPOSAL OF III ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA (SITTING AT SRIRANGAPATNA). 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:20472 CRL.P No. 5575 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.5007/2025 pending before the Court of III Addl. District and Sessions Judge, Manya (sitting at Srirangapatna) arising out of Crime No.217/2024 registered by the Pandavapura Police Station, Mandya District for the offences punishable under Sections 109, 352, 351(2), 351(3), 118(1), 118(2) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.217/2024 was registered by Pandavapura Police Station against the petitioner herein initially for the offences punishable under Sections 109, 352, 351(2), 351(3) of BNS, 2023 and Section 27(2) of the Arms Act, 1959 and Section 25 of the Arms (Amendment) Act, 2019 on the basis of the first information submitted on 13.10.2024 received from Sri Manjunatha S.D S/o Late Doddaia, who is the friend of injured victim Manjunatha. During the course of investigation of the case, the petitioner was arrested on 13.10.2024 and subsequently remanded to judicial custody. After completing - 3 - HC-KAR NC: 2025:KHC:20472 CRL.P No. 5575 of 2025 investigation charge sheet has been filed against him for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.5007/2025 was dismissed on 22.03.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents and he is in custody fro the last 8 months. Investigation of the case is already completed. Charge sheet has been filed. The injured has been discharged from the hospital on 17.10.2024 itself. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. She submits that allegation found in the first information are serious and accordingly she prays to dismiss the petition. 7. In the first information which is submitted by the friend of the injured victim it is stated that when the first informant and the injured were sitting in front of their house on 13.10.2024 at about 8 a.m, the petitioner came there with two pistols on his left and right hand and after abusing the injured victim for continuing illicit relationship with his wife he allegedly fired from the pistols towards the injured victim Manjunath. As - 4 - HC-KAR NC: 2025:KHC:20472 CRL.P No. 5575 of 2025 a result, Manjunath suffered gunshot injury on his forehead. Thereafter, the first information and other persons allegedly managed to apprehend the petitioner and subsequently informed the police and FIR in Crime No.217/2024 was registered by Pandavapura Police Station against the petitioner herein for the alleged offences. The petitioner, who was arrested on 13.10.2024 was remanded to judicial custody on the same day. Investigation of the case is completed and charge sheet has been filed. It appears that the injured victim Manjunath had illicit relationship with the petitioner and in this regard in the year 2022 the petitioner allegedly had quarreled with the injured victim and also had assaulted him. Inspite of the same, the injured victim Manjunath allegedly continued his relationship with the wife of the petitioner. It is under this circumstance, in the alleged incident, the petitioner had fired towards the injured victim Manjunath from pistol, which he had brought along with him on the alleged date of incident. The injured victim Manjunath who had suffered injuries in the alleged incident was admitted to the hospital and discharged on 17.10.2024. - 5 - HC-KAR NC: 2025:KHC:20472 CRL.P No. 5575 of 2025 8. The wound certificate of the victim Manjunath would reveal that he had suffered three injures and injury Nos.1 and 2 are certified as simple in nature. Injury No.3 which is fracture of frontal bone is certified as grievous injury and his condition is said to be stable. The petitioner is in custody for the last 8 months. 9. Considering the aforesaid aspects of the matter and the background in which the incident in question had taken place, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.5007/2025 pending before the Court of III Addl. District and Sessions Judge, Manya (sitting at Srirangapatna) arising out of Crime No.217/2024 registered by the Pandavapura Police Station, Mandya District for the offences punishable under Sections 109, 352, 351(2), 351(3), 118(1), 118(2) of BNS, 2023 subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh - 6 - HC-KAR NC: 2025:KHC:20472 CRL.P No. 5575 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS