Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23442 CRL.P No. 8567 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8567 OF 2025 BETWEEN:
NITHIN C.V S/O R. VIJAYAKUMAR AGED ABOUT 21 YEARS EMPLOYEE IN EVERYDAY CELL CO.LTD., R/O CHAMANAHALLI VILLAGE NEAR GRAMA PANCHAYATH OFFICE KASABA HOBLI, MADDUR TALUK MANDYA DISTRICT PIN CODE NO. - 571 812. …PETITIONER (BY SRI RAJU C.N, ADV.) AND:
STATE BY BESAGARAHALLI POLICE MANDYA, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE, PIN CODE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER OKN BAIL IN CR.NO.40/2025 OF BESARAGAHALLI POLICE, MANDYA ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, MADDUR, MANDYA DIST. FOR THE O/P/US/ 189(2), 191(2), 191(3), 115(2), 118(1), 109, 351(2), 351(3) 54 R/W 190 OF BNS BY ALLOWING THIS PETITION. 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
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HC-KAR NC: 2025:KHC:23442 CRL.P No. 8567 of 2025 CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER
1. Accused no.6 in Crime No.40/2025 registered by Besagaraghalli Police Station, Mandya District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 351(2), 351(3), 54, 190 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.40/2025 was registered by Besagaraghalli Police Station, Mandya District, for the aforesaid offences against Abhi and others based on the first information dated 12.05.2025 received from Anandh Raj.M.B., who is one of the injured victim in the present case. During the course of investigation, petitioner was arrested on 03.06.2025 and remanded to judicial custody. In his remand application, he was arrayed as accused no.6. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.454/2025 was rejected on 17.06.2025. Therefore, petitioner is before this Court. - 3 -
HC-KAR NC: 2025:KHC:23442 CRL.P No. 8567 of 2025
4. Perusal of the material on record would go to show that petitioner's name is not found in the FIR. FIR was registered against four named persons.
In the first information, the allegation of assaulting the injured victim is made only as against the aforesaid named four accused persons. There is no such mention about the presence of any accused at the spot of crime on the alleged date of incident. Petitioner has been arrested based on the confession statement of accused no.1. Undisputedly, petitioner has no criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer 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.40/2025 registered by Besagaraghalli Police Station, Mandya District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 351(2), 351(3), 54, 190 of 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
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HC-KAR NC: 2025:KHC:23442 CRL.P No. 8567 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 KK