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2025 DAILYLAW 29500 (KAR)

HARISHA (A-2) v. THE STATE OF KARNATAKA

CRL.P/8634/2025 · 2025-07-08

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24820 CRL.P No. 8634 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8634 OF 2025 BETWEEN: HARISHA (A-2) S/O NARASIMHAIAH @ DALLAI NARASIMHAIAH AGED ABOUT 29 YEARS RESIDENT OF HOLE BEEDI KALAKUNIKE, HUNSURU TOWN HUNASURU - 570 155. …PETITIONER (BY SRI SHARAS CHANDRA M, ADV.) AND: THE STATE OF KARNATAKA BY HUNSUR TOWN P.S. MYSORE DISTRICT (THROUGH THE S.P.P.,) HIGH COURT PREMISES BENGALURU CITY - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.149/2025 OF HUNSUR TOWN P.S TRIED FOR O/P/U/S 115(2),108 R/W 3(5) OF BNS OF HUNSUR TOWN PS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, HUNSUR, MYSURU. 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:24820 CRL.P No. 8634 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.149/2025 registered by Hunusur Town Police Station, Mysuru District, for the offences punishable under Sections 115(2), 108 read with Section 3(5) 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.149/2025 was registered by Hunusur Town Police Station, Mysuru District, for the aforesaid offences against Narasaiah and petitioner herein based on the first information dated 02.06.2025 received from Narasimha R S/o deceased Ramesha. During the course of investigation of the case, petitioner herein was arrested on 03.06.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions in Crl.Misc.No.5134/2025 was rejected on 12.06.2025. Therefore, he is before this Court. 4. In the first information which is submitted by the son of deceased, it is stated that on 02.06.2025 at about 08.45 a.m., - 3 - HC-KAR NC: 2025:KHC:24820 CRL.P No. 8634 of 2025 accused Nos.1 and 2, who are father and son had quarreled with Ramesha and had assaulted him. Ramesha, who allegedly got ashamed for the reason that he was assaulted by accused Nos.1 and 2 had subsequently committed suicide by hanging himself in his house. In respect of the alleged incident that had taken place at about 08.45 a.m. on 02.06.2025 in which accused Nos.1 and 2 had assaulted Ramesha, undisputedly, no criminal case has been registered. The alleged act of accused Nos.1 and 2, assaulting Ramesha after quarrelling with him on 02.06.2025, cannot be considered as instigation or abetment for committing suicide. Therefore, 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:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.149/2025 registered by Hunusur Town Police Station, Mysuru District, for the offences punishable under Sections 115(2), 108 read with Section 3(5) 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 - 4 - HC-KAR NC: 2025:KHC:24820 CRL.P No. 8634 of 2025 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 DN