- 1 - HC-KAR NC: 2025:KHC:21209 CRL.P No. 7804 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. 7804 OF 2025 BETWEEN: 1. MANU S, S/O SHIVAKUMAR, AGED ABOUT 32 YEARS 2. SHIVAKUMAR, S/O GURUMALLAPPA, AGED ABOUT 60 YEARS, BOTH ARE R/AT UPPANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 572 136. …PETITIONERS (BY SMT. RAKSHA KEERTHANA, ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY MALAVALLI RURAL POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21209 CRL.P No. 7804 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON REGULAR BAIL IN CR.NO.69/2025 OF THE RESPONDENT MALAVALLI RURAL P.S., FOR THE OFFENCES P/U/S 54, 109, 118(1), 352, 351(2), 3(5) OF BNS, PENDING ON THE FILE OF HONBLE CJ (SR.DVN) AND JMFC COURT, MALAVALLI RURAL, MALAVALLI. 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 Nos.1 and 2 in Crime No.69/2025 registered by Malavalli Rural Police Station, Mandya pending before the II Additional District and Sessions Judge, Mandya, for the offence punishable under Sections 54, 109, 118(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita (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.69/2025 was registered by Malavalli Rural Police Station, Mandya for the aforesaid - 3 - HC-KAR NC: 2025:KHC:21209 CRL.P No. 7804 of 2025 offences against the petitioners herein based on the first information dated 07.05.2025 received from one Madan Kumar. 5. During the course of investigation, the petitioners herein were arrested on 16.05.2025 and subsequently remanded to Judicial custody. After completing the investigation, charge sheet has been filed. The bail application filed by the petitioners herein before the jurisdictional Sessions Court in Crl.Misc.No.405/2025 was rejected on 29.05.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioners submits that the injured Madan Kumar who was admitted to hospital for treatment is discharged from the hospital and he has recovered. The petitioners are in judicial custody since 16.05.2025. Therefore, he prays to allow the petition. 7. Per contra, the learned HCGP who has opposed the bail petition, however does not dispute the submissions made by the learned counsel for the petitioners. - 4 - HC-KAR NC: 2025:KHC:21209 CRL.P No. 7804 of 2025 8. Perusal of the material made available to this court goes to show that the petitioner and the injured are relatives and it is stated that there was a dispute between the two families with regard to throwing of garbage and it is in this background, on 07.05.2025, there was a quarrel between them and accused Nos.1 and 2 allegedly had assaulted victim Madan Kumar with a reaper piece on his head and as a result, Madan Kumar who had sustained injuries was shifted to hospital and admitted for treatment. Wound certificate of Madan Kumar goes to show that he had suffered four injuries and one injury is grievous in nature. Madan Kumar who was admitted to the hospital for treatment was discharged from the hospital after five days. Major portion of investigation in the case is already completed and charge sheet is also filed. The petitioner has no criminal antecedents. The alleged weapon used in commission of the offence is also recovered. 9. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:21209 CRL.P No. 7804 of 2025 ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.69/2025 registered by Malavalli Rural Police Station, Mandya pending before the II Additional District and Sessions Judge, Mandya, for the offence punishable under Sections 54, 109, 118(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) 2023, subject to the following conditions: 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; - 6 - HC-KAR NC: 2025:KHC:21209 CRL.P No. 7804 of 2025 d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SNC List No.: 2 Sl No.: 9 CT: BHK