- 1 - HC-KAR NC: 2025:KHC:25859 CRL.P No. 9545 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9545 OF 2025 BETWEEN: SRI PRASANNA KUMAR A.N S/O A.N. NANJUNDASWAMY @ NANJUNDAIAH AGED ABOUT 36 YEARS RESIDING AT ALAGUDU VILLAGE, AREKERE HOBLI SRIRANGAPATNA TALUK MANDYA - 571 434. …PETITIONER (BY SRI SHRIDHARA K, ADV.) AND: THE STATE OF KARNATAKA BY ARAKERE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.62/2025 OF ARAKERE P.S., PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT SRIRANGAPATNA, MANDYA DISTRICT, FOR THE OFFENCES P/U/S 118(2),352,351(2),76,115(2),3(5) OF BNS, 2023. 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:25859 CRL.P No. 9545 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.62/2025 registered by Arakere Police Station, Mandya, for the offences punishable under Sections 118(2), 352, 351(2), 76, 115(2) and 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.62/2025 was registered by Arakere Police Station, Mandya, for the aforesaid offences against the petitioner and his parents based on the first information dated 26.04.2025 received from Chandramma, mother of injured victim A S Raghu. During the course of investigation, petitioner was arrested on 04.06.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5196/2025 was rejected on 24.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that in the incident which had taken place earlier to the incident in - 3 - HC-KAR NC: 2025:KHC:25859 CRL.P No. 9545 of 2025 question, petitioner's mother was assaulted by Raghu and his family members. It is under the said circumstances, the incident in question had taken place on the night of 25.04.2025. Petitioner who has no criminal antecedents is in custody from 04.06.2025 onwards. He is working in a private company and he is the sole bread winner of the family. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that Raghu has sustained grievous injuries as a result of the assault made by the petitioner. Investigation of the case is still under progress. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered by Arakere Police Station, Mandya, for the aforesaid offences against petitioner and his parents based on the first information dated 26.04.2025 received from Chandramma, mother of injured victim Raghu. Perusal of the averments found in the first information would go to show that family of accused and the family of first informant are staying in adjacent houses and there is a dispute between two families regarding vacant site - 4 - HC-KAR NC: 2025:KHC:25859 CRL.P No. 9545 of 2025 situated near their house. It appears that prior to the incident in question, there was a fight between the two parties relating to the vacant site and according to learned counsel for the petitioner, mother of the petitioner was assaulted by the victim in the present case and his family members. It is in this background, two families had fought against each other on 25.04.2025 at about 09.30 p.m. and in the said incident, Raghu who had suffered injuries on his legs was shifted to Hospital. 7. Wound Certificate of Raghu who is the injured victim in the present case would go to show that as a result of the assault made by petitioner with an iron rod on his hands and legs, he has suffered two fracture injuries. Injured victim who had suffered grievous injuries has been already discharged from the Hospital and his condition is said to be stable. Petitioner has not assaulted on any vital part of the injured victim. The incident in question had taken place in the background of the dispute between the parties with regard to vacant site and according to learned counsel for the petitioner in the earlier incident which had taken place between the very same parties, mother of the petitioner was assaulted by Raghu - 5 - HC-KAR NC: 2025:KHC:25859 CRL.P No. 9545 of 2025 and his family members. Be that as it may, the fact remains that petitioner has no other criminal antecedents and he is in custody from 04.06.2025. Major portion of the investigation in the case is completed. Accused Nos.2 and 3 have been granted anticipatory bail in the present case. Under the circumstances, 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:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.62/2025 registered by Arakere Police Station, Mandya, for the offences punishable under Sections 118(2), 352, 351(2), 76, 115(2) and 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 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; - 6 - HC-KAR NC: 2025:KHC:25859 CRL.P No. 9545 of 2025 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