Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20577 CRL.P No. 6666 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.6666 OF 2025 BETWEEN:
1. YALLARAJU S/O SRI BAILAPPA AGED ABOUT 20 YEARS, R/A HULIKUNTE VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT PIN-561 203
2.
KUSHAL H V @ KUSHI S/O H S VEERABHADRASWAMY AGED ABOUT 20 YEARS, R/A HULIKUNTE VILLAGE DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT PIN-561 203
3.
FAZLU A @ FAZLU REHMAN S/O AKMAL PASHA AGED ABOUT 19 YEARS, R/A 2ND CROSS, VENKATESHWARA LAYOUT HAROHALLI, MAGADI MAIN ROAD BENGALURU PIN-560 091
4.
SHASHI KUMAR A @ SHASHI S/O LATE ARASAPPA AGED ABOUT 26 YEARS, R/A SHANTHINAGAR VILLAGE, MALLARABANAVADI POST,
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:20577 CRL.P No. 6666 of 2025
KASABA HOBLI, NELAMANGALA TALUK-562 123 …PETITIONERS (BY SRI HARISH PRABHU S, ADVOCATE) AND:
STATE OF KARNATAKA BY DODDABELAVANGALA POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI RANGASWAMY.R, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGING THE PETITIONERS ON BAIL IN CRIME No.11/2025 REGISTERED BY DODDABELAVANGALA POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 351(2), 352, 109, 127(2), R/W 190 THE BNSS, PENDING BEFORE THE HON’BLE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, AT DODDABALLAPURA, BENGALURU RURAL DISTRICT.
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 No.3, 4, 6 and 9 in Crime No.11/2025, registered by Doddabelavangala Police Station, Bengaluru for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 351(2), 352, 109, 127(2), R/W 190 the BNS,
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HC-KAR NC: 2025:KHC:20577 CRL.P No. 6666 of 2025
2023 are before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. First Information Report in Crime No.11/2025 was registered by Doddabelavangala Police Station, Bengaluru for the aforesaid offences against Anila and others, based on the first information dated 25.01.2025, received from Sharath R, who is one of the injured eyewitness in the present case.
4. During the course of investigation of the case, accused No.3 and 4 were arrested on 28.01.2025 and accused No.6 and 9 were arrested on 04.02.2025. After investigation was completed charge sheet is filed against ten persons. Petitioners herein are arrayed as accused No.3, 4, 6 and 9 in the charge sheet. Bail applications filed by them before the jurisdictional Sessions Court was rejected therefore, they are before this Court.
5.
Learned counsel for the petitioners submits that accused No.1, 7 and 8 were granted regular bail by this Court at crime stage and accused No.2, 5 and 10 have been granted
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HC-KAR NC: 2025:KHC:20577 CRL.P No. 6666 of 2025
regular bail by the jurisdictional Sessions Court after charge sheet has been filed in the present case. 6. Allegations against the petitioners herein and the other accused who have been enlarged on bail are similar. Even the other accused who have been granted regular bail in the present case are persons with criminal antecedent. Accordingly, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader submits that injuries suffered by the victim in the present case is as a result of assault made by the petitioners. Considering the nature of the allegations found against the petitioners, they are not entitled for bail. Accordingly, he prays to dismiss the petition. 8. In the First Information which was submitted by one of the injured victims in the present case, he has named five accused persons. After completing investigation, charge sheet is now filed against ten persons. 9. In the first information it is stated that the first informant who was in jail in a murder case was subsequently
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HC-KAR NC: 2025:KHC:20577 CRL.P No. 6666 of 2025
released on bail. After he was released on bail, on 24.01.2025, first informant and his friend Harsha had gone to the place where accused No.1 had summoned him. Accused No.1 who was present on the spot along with his friends allegedly had quarreled with the first informant and his friend Harsha and thereafter assaulted them with deadly weapons. In the alleged incident, first informant Sharath R., has suffered two injuries and out of the same, one is certified as grievous injury and another injury is certified as simple injury. The fracture of right fibula of Sharath R., is certified as grievous injury in the present case. Insofar as the other injured victim Harsha is concerned, he has suffered only simple injuries in the incident in question. Allegation of assaulting the victims is found in the charge sheet as against all the accused persons. Accused No.1, 7 and 8 have been granted regular bail by this Court in Crl.P.No.4155/2025 and Crl.P.No.3397/2025 at the stage of investigation of the case.
After filing of charge sheet accused No.2, 5 and 10 are said to have been granted regular bail in the present case by the jurisdictional Sessions Court. - 6 -
HC-KAR NC: 2025:KHC:20577 CRL.P No. 6666 of 2025
10. The accused persons who have been enlarged on bail in the present case are also persons having criminal antecedent. Considering the nature of allegations found in the first information as well as the injuries suffered by the victims, this Court had granted regular bail to accused No.1, 7 and 8. Petitioners herein are in custody for the last more than four months. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case. 11. Accordingly, the following:
ORDER
(i) The Criminal Petition is allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No.11/2025 registered by Doddabelavangala Police Station, Bengaluru for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 351(2), 352, 109, 127(2) r/w Section 190 of BNSS, 2023, pending before the Additional Civil Judge (Jr.Dn) and JMFC., Court,
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HC-KAR NC: 2025:KHC:20577 CRL.P No. 6666 of 2025
Doddaballapura, Bengaluru Rural District, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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; 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
MR