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2025 DAILYLAW 24946 (KAR)

TIRUPATI (A1) v. STATE OF KARNATAKA

CRL.P/6106/2025 · 2025-04-28

S Vishwajith Shetty

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC:17740 CRL.P No. 6106 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6106 OF 2025 BETWEEN: TIRUPATI (A1) S/O GOPILAL JADHAV AGED ABOUT 22 YEARS OLD R/A KONAPPANNA AGRAHARA NEAR ELECTRONIC CITY P/A MARNAL TANDA KODEKALHOBLI HUNASAGI TALUK YADAGIR DISTRICT - 585 237. …PETITIONER (BY SRI MADANA KUMAR, ADV.) AND: STATE OF KARNATAKA BY KUMBALAGUDU POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ORDER AND DIRECT THE RESPONDENT KUMBALAGUDU POLICE STATION, BENGALURU TO RELEASE THE PETITIONER ON BAILIN CRIME NO.103/2025 REGISTERED FOR AN ALLEGED OFFENCE P/US/ 115(2) AND 109(1) OF BNS 2023 PENDING ON THE FILE OF THE II ACJM BENGALURU RURAL BENGALURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17740 CRL.P No. 6106 of 2025 ORAL ORDER 1. Accused in Crime No.103/2025 registered by Kumbalagudu Police Station, Ramanagara, for the offences punishable under Sections 115(2) and 109(1) 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.103/2025 was registered by Kumbalagudu Police Station, Ramanagara, for the aforesaid offences against the petitioner based on the first information submitted by wife of the petitioner Smt. Lalita Bai, wife of petitioner on 02.04.2025. During the course of investigation, petitioner was arrested on 03.04.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.668/2025 on 16.04.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that marriage of the petitioner with Smt. Lalita Bai was a love marriage and both of them hail from Yadgiri District. It appears that after certain dispute arose between them, for the purpose - 3 - NC: 2025:KHC:17740 CRL.P No. 6106 of 2025 of livelihood they came to Bengaluru and they had settled at Kumbalgodu in Bengaluru. In the alleged incident that had taken place on the morning of 01.04.2025 at about 08.00 a.m., petitioner after abusing his wife had assaulted her with a blade and had caused grievous injuries. FIR in the present case has been registered for the offences punishable under Sections 115(2) and 109(1)of BNS, 2023. Victim, who is the wife of the petitioner had appeared before the Police Station in person on 02.04.2025 and submitted the first information. From the aforesaid, it is apparent that she has suffered only simple injuries in the incident in question. In addition to the same, there is a delay of more than 24 hours in submitting the first information. Petitioner has no other criminal antecedents. He is in custody from 03.04.2025. Considering the aforesaid aspects of the matter 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:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.103/2025 registered by Kumbalagudu Police Station, Ramanagara, for the offences - 4 - NC: 2025:KHC:17740 CRL.P No. 6106 of 2025 punishable under Sections 115(2) and 109(1) 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; 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