BVAVITY BASUMATARI @ BWHWITI BASUMATARY v. THE STATE OF KARNATAKA BY
CRL.P/13476/2024 · 2025-01-08
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36370 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36370 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:510 CRL.P No. 13476 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13476 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
BVAVITY BASUMATARI @ BWHWITI BASUMATARY S/O CHARAN BASUMATARI AGED ABOUT 36 YEARS, R/AT #166, 6TH CROSS, NEAR ANNAMMA TEMPLE, ANDRAHALLI MAIN ROAD, FRIENDS COLONY, BENGALURU DISTRICT-560 091.
PERMANENT OF NO.91, SOUTH, APULAGAVANA VILLAGE, SHERPANGURI P.S., KOKARAJVARA DIST.
ASSAM STATE-783 346.
2.
GIRISAN BASUMATARI S/O LANKESHWARA BASUMATARI, AGED ABOUT 34 YEARS, PRESENTLY R/AT #166, 6TH CROSS, NEAR ANNAMMA TEMPLE, ANDRAHALLI MAIN ROAD, FRIENDS COLONY, BENGALURU DISTRICT-560 091.
PERMANENT R/AT # DANGAPURA VILLAGE,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:510 CRL.P No. 13476 of 2024
KUMAGIRI POST, SHERPANGURI P.S., KOKARAJVARA DISTRICT, ASSAM STATE-783 346.
…PETITIONERS (BY SRI. MANJUNATH M.R., ADVOCATE) AND:
THE STATE OF KARNATAKA BY RAJAGOPALA NAGAR P.S., BENGALURU.
REP. BY STATE PUBLIC PROSECUTOR, HIGH CITY COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CRIME NO.193/2024 ITS S.C.NO.1103/2024 OF RAJAGOPALANAGARA POLICE STATION, BENGALURU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 307, 326, 504 & 506 R/W 34 OF INDIAN PENAL CODE WHICH IS PENDING BEFORE THE HON’BLE LVI ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-57).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
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NC: 2025:KHC:510 CRL.P No. 13476 of 2024
ORAL ORDER
Petitioners/accused Nos.1 and 2 respectively in Crime No.193/2024 of Rajagopal Nagar Police Station registered for offences punishable under Section 504, 506, 307 r/w 34 of IPC have preferred this petition to enlarge them on bail.
2. Police have filed charge sheet for offences punishable under Section 504, 506, 307 and 326 r/w 34 of IPC.
3. Heard both sides and perused the material on record.
4. Complaint is lodged by one Satyanarayana V. son of late Venkateshappa, owner of the house where the petitioners and injured were staying, at friends Colony, 6th Cross. It is the case of prosecution that on 31.05.2024 at about 3.40 a.m., both the accused quarrelled with the injured by name Sameer Narjari and with an intention to
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NC: 2025:KHC:510 CRL.P No. 13476 of 2024
commit his murder, stabbed him with a knife near his neck etc. As per wound certificate, the injuries are stated to be grievous in nature.
5. Petitioners are arrested on 31.05.2024. They are in custody since then. A perusal of the complaint averments goes to show that on the date of incident the injured started quarrelling and abusing the petitioners without any reason and when he was questioned, he pushed accused No.1 to the wall which resulted in the said accused sustaining bleeding injuries to his face, lips etc. Being enraged by the same, accused No.1 assaulted him with a knife on neck etc. while accused No.2 held him tightly.
Immediately the complainant secured an ambulance and sent the injured to the hospital.
6. Perusal of the material on record goes to show that the incident took place in a quarrel wherein, the injured started the said quarrel and abused and caused injuries to accused No.1. The prosecution has to establish
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NC: 2025:KHC:510 CRL.P No. 13476 of 2024
the ingredients of the offence under Section 307 IPC alleged against the petitioners during trial. Petitioners are not required for further interrogation as the investigation is completed and charge sheet is already filed. Petitioners have no criminal antecedents. Hence by imposing conditions, petitioners can be admitted to bail. Accordingly, the following:
ORDER Petition is allowed. Petitioners/accused Nos.1 and 2 in Crime No.193/2024 of Rajagopal Nagar Police Station, pending in S.C.No.1103/2024 on the file of the Court of LVI Additional City Civil and Sessions Judge, Bengaluru, shall be enlarged on bail, subject to following conditions:
1. They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court.
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NC: 2025:KHC:510 CRL.P No. 13476 of 2024
2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address.
3. They shall not directly or indirectly tamper with the prosecution witnesses.
4. They shall not indulge themselves in committing any offence.
5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB/- List No.: 1 Sl No.: 41