- 1 - NC: 2025:KHC:10842 CRL.P No. 13239 of 2024 C/W CRL.P No. 13242 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13239 OF 2024 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 13242 OF 2024 (439(Cr.PC) / 483(BNSS)) IN CRL.P No. 13239/2024 BETWEEN: VENKATESH S/O DEVENDRANAIK, AGED ABOUT 22 YEARS, RESIDING AT MALAVAGOPPA VILLAGE SHIVAMOGGA TALUK AND DISTRICT - 577 222. …PETITIONER (BY SRI. CHAKRAVARTHY T. S., ADVOCATE) AND: STATE OF KARNATAKA BY NYAMATHI POLICE STATION, DAVANAGERE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BANGALORE - 560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:10842 CRL.P No. 13239 of 2024 C/W CRL.P No. 13242 of 2024 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.5 ON REGULAR BAIL IN CR.NO.46/2023 IN NYAMATHI P.S., DAVANAGERE AND SC.NO.175/2023, PENDING BEFORE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, FOR THE OFFENCE P/U/S 120(B),143,147,148,149,201,302,307,324,326,212 OF IPC. IN CRL.P NO. 13242/2024 BETWEEN: ABHILASH @ JANGLI S/O. PEERYANAIK, AGED ABOUT 22 YEARS. RESIDING AT MALAVAGOPPA VILLAGE SHIVAMOGGA TALUK AND DISTRICT - 577222 ...PETITIONER (BY SRI. CHAKRAVARTHY T.S., ADVOCATE) AND: STATE OF KARNATAKA BY NYAMATHI POLICE STATION, DAVANAGERE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE -560001 ...RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) - 3 - NC: 2025:KHC:10842 CRL.P No. 13239 of 2024 C/W CRL.P No. 13242 of 2024 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN CR.NO.46/2023 IN NYAMATHI P.S., DAVANGERE AND SC.NO.175/2023, PENDING BEFORE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANGERE, FOR THE OFFENCE P/U/S 120(B),143,147,148,149,201,302,307,324,326,212 OF IPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER Accused Nos.4 and 5 in S.C.No.175/2023, pending before the Court of Principal District and Sessions Judge, Davanagere, arising out of Crime No.46/2023 registered by Nyamathi Police Station, Davanagere, for offences punishable under Sections 120B, 143, 147, 148, 149, 201, 302, 307, 324, 326 and 212 of Indian Penal Code (for short 'IPC') are before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.46/2023 was registered by Nyamathi Police Station initially for offences punishable under Sections 143, 147, 148, 302, 324, 307 and 149 of IPC against - 4 - NC: 2025:KHC:10842 CRL.P No. 13239 of 2024 C/W CRL.P No. 13242 of 2024 6 to 7 unknown persons based on the first information received from K.H.Sureshappa - father of deceased - Anjaneya. 4. During the course of investigation, petitioners herein were arrested on 16.03.2023 and subsequently, remanded to judicial custody. Investigation is completed and the charge sheet has been filed against 19 persons. Petitioners herein are arrayed as accused Nos. 4 and 5 in the charge sheet. Bail application filed by the petitioners before the Trial Court in S.C.No.175/2023 was rejected on 05.11.2024. Therefore, they are before this Court in these two petitions. 5. Learned counsel for the petitioners submits that petitioners are youngsters having no criminal antecedents and they are in custody for more than two years. Allegation against the petitioners is about assaulting injured Madhu, who has suffered simple injuries and there is no allegation against the petitioners about assaulting deceased Anjaneya. Accused Nos. 7 to 12 and 14 to 19 have been granted regular bail in the present case. Till date, charge is not framed. Accordingly, he prays to allow the petition. - 5 - NC: 2025:KHC:10842 CRL.P No. 13239 of 2024 C/W CRL.P No. 13242 of 2024 6. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by learned counsel for the petitioners. 7. Perusal of the materials on record would go to show that FIR was registered in the present case against 6 to 7 unknown persons. After completing investigation, charge sheet is now filed against 19 persons. 8. Perusal of the charge sheet would go to show that deceased Anjaneya and injured Madhu were arrayed as accused in Crime No.154/2023 registered by Vinobhanagar Police Station, Shivamogga for committing murder of Handhi Annappa alias Handhi Anni, who was a rowdy sheeter. After Anjaneya and Madhu were enlarged on bail in said case, the accused persons who are the followers of deceased Handhi Annippa alias Handhi Anni allegedly conspired to commit murder of Anjayneya and Madhu. It is in this background on 15.03.2023, the accused persons allegedly intercepted the motorbike of Anjaneya and Madhu and thereafter, assaulted them with deadly weapons. Allegation of assaulting the deceased Anjaneya is as against accused Nos. 1 to 3 and 6. Accused Nos. - 6 - NC: 2025:KHC:10842 CRL.P No. 13239 of 2024 C/W CRL.P No. 13242 of 2024 4 and 5 allegedly assaulted CW- 45 - Madhu, who is the injured in the present case. 9. Materials on record would go to show that as a result of assault made by accused Nos.4 and 5, Madhu has suffered only simple injuries in the incident. Accused Nos. 7 to 12 and 14 to 19 are said to have been already enlarged on bail. The petitioners are in custody for more than 2 years. The case before the Trial Court is still at the stage of framing charges. The prosecution has in all cited 131 charge sheet witnesses in the present case and therefore, there are no chances of the trial being completed and case being disposed of in the near soon. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.46/2023 registered by Nyamathi Police Station, Davanagere, for offences punishable under Sections 120B, 143, - 7 - NC: 2025:KHC:10842 CRL.P No. 13239 of 2024 C/W CRL.P No. 13242 of 2024 147, 148, 149, 201, 302, 307, 324, 326, 212 of Indian Penal Code, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners 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 petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 45