- 1 - NC: 2025:KHC:254 CRL.P No. 13200 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13200 OF 2024 BETWEEN: 1. PRASAD M, S/O MAHENDRA, AGED ABOUT 35 YEARS, RESIDING AT NO.347, KSCB QUARTHERS, NANDINILAYOUT, JAIBUVANESHWARINAGAR, BENGALURU - 560 058. 2. CHITTY @ CHITTY BABU, S/O MUTHYALAPPA, AGED ABOUT 36 YEARS, R/O NO.96, KOOLINAGAR, NANDINILAYOUT, BANGALURU - 560 058. (PETITIONERS NOW IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI. SANDEEP H S.,ADVOCATE) AND: STATE BY RMC YARD, POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER., ADDITIONAL SPP) THIS CRL.P IS FILED U/S.439 OF (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON BAIL IN CRIME NO.176/2024 REGISTERED BY RMC YARD POLICE STATION, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:254 CRL.P No. 13200 of 2024 BENGALURU CITY THE FILE IS PENDING BEFORE THE 31st ACMM BENGALURU FOR THE OFFENCE P/SU/ 115(2),118(1),126(2),351(2),(3),352,109(1) R/W SEC.3(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS 2023 is preferred by the petitioners praying to enlarge them on bail in Crime No.176/2024 of RMC Yard Police Station, Bengaluru City, registered for offences punishable under Sections 115(2), 118(1), 126(2), 3(5), 351(2), 351(3) and 352 of the BNS 2023. 2. Heard the learned counsel for petitioners and learned Additional SPP for respondent - State and perused the material on record. 3. It is the case of prosecution that the complainant by name Kumar G.H. had availed a loan of Rs.20,000/- from accused No.1, about 4-5 months prior to the date of incident. A sum of Rs.9,000/- was still due. - 3 - NC: 2025:KHC:254 CRL.P No. 13200 of 2024 Accused No.1 was insisting him to return the said amount however, the complainant was buying time to repay the entire loan amount. It is alleged that on 04.10.2024 at 3:45 p.m, when the complainant was standing near one Devi Bekary, both the accused went and quarreled with him and assaulted him with hands. Further, accused No.1 with an intention to commit his murder, assaulted him with a sharp edged object on his neck and caused bleeding injuries. 4. It appears that the incident took place on account of alleged financial transaction between accused No.1 and the complainant/victim. Both the accused are alleged to have abused the complainant and assaulted him with hands initially and accused No.1 is alleged to a caused injury to his neck with a sharp edged object, with an intention to commit his murder. As per complaint averments, both the accused fled away after seeing the public approaching. The injured was shifted to one Mysore - 4 - NC: 2025:KHC:254 CRL.P No. 13200 of 2024 Hospital, in Goraguntepalya by his friend Nagaraju/C.W-4 and he was treated as an outpatient. 5. Accused No.2 came to be arrested on 09.10.2024 and accused No.1 voluntarily surrendered before the Court on 15.10.2024. A small blade like weapon was seized alleged to have used to inflict injuries to the complainant. 6. The learned Additional SPP has contended that accused Nos.1 and 2 have criminal antecedents and therefore, if they are enlarged on bail, they may commit similar offences. She has therefore sought for dismissal of the petition. 7. A perusal of the complaint averments goes to show that there was some financial transaction between accused No.1 and the complainant. Quarrel ensued in this background. According to the complaint, initially the accused abused and assaulted him with hands and when the complainant told them that they can go to the police - 5 - NC: 2025:KHC:254 CRL.P No. 13200 of 2024 station to resolve the matter, accused No.1 is alleged to have caused injuries to his neck with a small sharp edged object. 8. The complainant/victim has taken treatment as an outpatient. At this stage it cannot be said that there was any intention on the part of accused No.1 to do away with the life of the complainant. Petitioners are in judicial custody. They are not required for further interrogation. Investigation is already completed and charge sheet is also filed. Hence by imposing conditions, petitioners can be enlarged on bail. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioners/accused Nos.1 and 2 in Crime No.176/2024 of RMC Yard Police Station, Bengaluru City, shall be enlarged on bail subject to following conditions: a) Petitioners shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties for the - 6 - NC: 2025:KHC:254 CRL.P No. 13200 of 2024 likesum to the satisfaction of the Jurisdictional Court. b) They shall furnish proof of their residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) They shall not tamper with the prosecution witnesses either directly or indirectly. d) They shall not intimidate or threaten the complainant in any manner. e) They shall appear before the trial Court on every date of hearing without fail. f) They shall not indulge themselves in committing any offence. g) If any of the above conditions are violated, prosecution is at liberty to move to the Court for cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 45