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2025 DAILYLAW 26085 (KAR)

DARSHAN GOWDA D v. STATE OF KARNATAKA

CRL.P/6880/2025 · 2025-06-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21349 CRL.P No. 6880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6880 OF 2025 BETWEEN: DARSHAN GOWDA D., S/O DINESH J Y AGED ABOUT 24 YEARS, RESIDING AT NO.115, 25TH CROSS, SRIGANDHANAGAR, HEGGANAHALLI BENGALURU-560 072. …PETITIONER (BY SRI. HARISH PRABHU S., ADVOCATE ) AND: STATE OF KARNATAKA BY RAJGOPALANAGAR P S REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGING THE PETITIONER ON BAIL IN CRIME NO.120/2025 REGISTERED BY RAJGOPALNAGAR POLICE STATION, BENGALURU FOR THE O/P/U/S 109, 351(2), 352 R/W 190 OF THE BNS, PENDING BEFORE THE HONBLE XXXI ADDL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. 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:21349 CRL.P No. 6880 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.120/2025 registered by Rajagopalanagar Police Station, Bengaluru, for the offences punishable under Sections 109, 190, 351(2) and 352 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.120/2025 was registered by Rajagopalanagar Police Station, Bengaluru, for the aforesaid offences against petitioner and others based on the first information dated 31.03.2025 received from injured victim Kishore M S S/o Suresha. During the course of investigation, petitioner herein was arrested on 01.04.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2947/2025 was rejected on 21.04.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:21349 CRL.P No. 6880 of 2025 4. Learned counsel for the petitioner submits that injured victim was admitted to the Hospital for one day. Petitioner, who has no other criminal antecedents is in custody for the last more than 75 days. Major portion of the investigation in the case is completed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that the victim has suffered grievous injuries as a result of the assault made by the petitioner. Accordingly, she prays to dismiss the petition. 6. In the first information submitted by the victim, he has stated that on 30.03.2025 at about 22.00 hours when he was walking on the road after dinner, he met the petitioner who was from the same locality. When the victim enquired with the petitioner whether he had his dinner, petitioner allegedly misbehaved and started quarrelling with him. In the subsequent incident that had taken place, petitioner allegedly assaulted the victim with a cement brick on his head causing injury and Pawan assaulted the victim on his head with a beer bottle and thereafter accused persons escaped from the spot. Victim who had suffered injuries was taken to the Hospital and - 4 - HC-KAR NC: 2025:KHC:21349 CRL.P No. 6880 of 2025 treated. The Wound Certificate of the victim issued by a private Hospital would go to show that he had suffered two injuries and out of the them, one injury is certified as grievous injury. Victim who was admitted in the Hospital on 30.03.2025 at about 11.30 p.m. and was discharged from the Hospital on 31.03.2025 at about 06.10 p.m. Condition of the injured victim is said to be stable. Petitioner, who has no other criminal antecedents is in custody from 01.04.2025 onwards. Major portion of the investigation in the case is already completed. Under the circumstances, 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:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.120/2025 registered by Rajagopalanagar Police Station, Bengaluru, for the offences punishable under Sections 109, 190, 351(2) and 352 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; - 5 - HC-KAR NC: 2025:KHC:21349 CRL.P No. 6880 of 2025 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 List No.: 1 Sl No.: 61