- 1 - NC: 2025:KHC:18329 CRL.P No. 7075 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7075 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI. SAKALESH KUMAR. S., S/O. M. S. SRINIVASAPPA, AGED ABOUT 41 YEARS, R/AT SULADENAHALLI VILLAGE, KURUGAL, KOLAR TALUK, KOLAR DISTRICT – 563 101. AS INDICATED IN FIR AS SRI. SAKALESH, R/AT BENGALURU. AS INDICATED IN SESSIONS COURT ORDER AS: SRI. SAKALESH KUMAR. S, S/O. SRINIVASAPPA, AGED ABOUT 41 YEARS, R/AT PINPINITI FINANCE COMPANY, R/AT SULADENAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK. …PETITIONER (BY SRI. AMAR ALEXANDER CORREA., ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18329 CRL.P No. 7075 of 2025 AND: STATE OF KARNATAKA, BY MANCHENAHALLI POLICE STATION, MANCHENAHALLI – 561 211. REP BY: STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S.439 OF (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THE PETITIONER WHO ARRAYED AS ACCUSED NO.1 IN CRIME NO.113/2025 REGISTERED BY RESPONDENT MANCHENAHALLI POLICE PRESENTLY, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT GOWRIBIDANUR, FOR THE OFFENCE P/US/ 189(2), 191(2), 191(3), 115(1), 118(1), 109 R/W SEC.190 OF BNS (CORRESPONDING IPC SEC.142 R/W 143, 147, 148, 321, 324, 307 R/W SEC.149) AND SEC.27 OF ARMS ACT, WITH CONDITIONS AS DEEMED FIT BY THIS HONBLE, IN VIEW OF THE FACTS AND CIRCUMSTANCE OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 3 - NC: 2025:KHC:18329 CRL.P No. 7075 of 2025 ORDER This petition is filed by accused No.1 seeking for regular bail in Crime No.0113/2025, registered by Manchenahalli police station, Chikkaballapura, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(1), 118(1), 109 R/w Sec.190 of BNS (corresponding IPC Sec.142 R/w 143, 147, 148, 321, 324, 307 R/w Sec.149) and Sec.27 of ARMS Act. The factual matrix of the case: 2. The case of the prosecution is that the complainant stated that the property bearing Sy. No.188 situated at Manchenahalli Village, measuring 1 acre have been granted to his grandfather in the year 1976. Since then, they are in possession and enjoyment of the said property. Father of the complainant entered into an agreement of sale with J.K.Crushers six months ago. There was a dispute in respect of the said property. The complainant had initiated civil suit against the crushers. - 4 - NC: 2025:KHC:18329 CRL.P No. 7075 of 2025 3. It is further alleged that on 23.04.2025 at about 12.30 p.m., the accused named in the FIR and others stated to have formed an unlawful assembly and were trying to make road in the property. After coming to know the said incident, the complainant went to the property along with his lawyers and asked the accused as to why they were making road in the said property. The accused stated to have assaulted the informant and others . The petitioner herein is stated to have took out the revolver from his pocket and fired on the thigh of the left leg consequently complainant sustained injuries he was taken to hospital for treatment. 4. It is the submission of the learned counsel for the petitioner is that the petitioner is the innocent of the alleged offence and he has no intension to commit the murder of the informant. As there were number of persons guarded in the place, in order to avoid further complications, he tried to defend himself, consequently the complainant might have sustained injury on his leg. That - 5 - NC: 2025:KHC:18329 CRL.P No. 7075 of 2025 itself would indicate that the petitioner had no intention to commit murder. 5. The petitioner is the permanent resident of Suladenahalli Village, Kolar Taluk and he is aged about 41 years and he will abide by the conditions imposed by this Court. making such submissions, he prays to allow the petition. 6. Per-contra, learned HCGP vehemently opposed the bail petition by making submissions that using the revolver itself would indicate that the petitioner have intention to commit the murder of the complainant in order to over power the civil dispute. Therefore, bail cannot be given to the petitioner. Making such submissions, the learned HCGP prays to dismiss the petition. 7. Having heard learned counsel for the respective parties and also perused the averments of the complaint, though it appears that the petitioner had caused injuries to the complainant by way of gun shot, the fact remains that - 6 - NC: 2025:KHC:18329 CRL.P No. 7075 of 2025 the same had been arisen in respect of civil dispute. In other words, civil dispute is an origin and gun shot injury is species. Having considered the facts and circumstances of the case, I am of the considered opinion that it is a case to grant bail. Accordingly, I proceed to pass the following:- ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.113/2025 of the respondent – Police, pending on the file of Senior Civil Judge and JMFC at Gowribidanur, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. - 7 - NC: 2025:KHC:18329 CRL.P No. 7075 of 2025 d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE VS List No.: 1 Sl No.: 53