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2025 DAILYLAW 26730 (KAR)

HARISH V J v. THE STATE OF KARNATAKA

CRL.P/7079/2025 · 2025-06-12

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20238 CRL.P No. 7079 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7079 OF 2025 BETWEEN: HARISH V.J S/O SRI JAYAPPA V.D AGED ABOUT 46 YEARS R/AT VADEYANAPURA GOPALAPURA SOMAWARPET TALUK KODAGU - 571 235. …PETITIONER (BY SRI NISHANTH S.K, ADV.) AND: THE STATE OF KARNATAKA THROUGH SHANIVARASANTHE P.S REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.51/2025 REGISTERED WITH THE RESPONDENT SHANIVARASANTHE P.S., PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, SOMWARPET, FOR THE OFFENCES P/U/S 109,351(2),352 OF BNS, 2023, U/S 3 AND 25 OF THE ARMS ACT. 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:20238 CRL.P No. 7079 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.51/2025 registered by Shanivarasanthe Police Station, Kodagu District, for the offences punishable under Sections 352, 109, 351(2) of BNS, 2023, and Sections 3, 25 of Arms Act, 1959, 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.51/2025 was registered by Shanivarasanthe Police Station, Kodagu District, for the aforesaid offences against the petitioner herein based on the first information dated 27.03.2025 received from Venkatesh. During the course of investigation, petitioner was arrested on 28.03.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.153/2025 was rejected on 09.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the petitioner and the first informant are close relatives and it appears that there is a civil dispute between the parties. The - 3 - HC-KAR NC: 2025:KHC:20238 CRL.P No. 7079 of 2025 allegation against the petitioner is that on 27.03.2025, he had come near the house of the first informant, when he was with his family members armed with a gun and asked the father of the first informant to change the revenue records of the lands in dispute in his name and allegedly thereafter petitioner fired bullets from his gun towards sky. When the first informant and his family members tried to run away, the petitioner allegedly also fired towards them thereafter. Undisputedly, nobody has suffered any injury in the incident in question. Petitioner who has no criminal antecedents is in custody from 28.03.2025. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required 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.51/2025 registered by Shanivarasanthe Police Station, Kodagu District, for the offences punishable under Sections 352, 109, 351(2) of BNS, 2023, and Sections 3, 25 of Arms Act, 1959, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC:20238 CRL.P No. 7079 of 2025 a) Petitioner shall execute 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 KK