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2025 DAILYLAW 36414 (KAR)

KUMARA NAYAKA v. THE STATE OF KARNATAKA

CRL.P/14013/2024 · 2025-01-16

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:1679 CRL.P No. 14013 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14013 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: KUMARA NAYAKA, S/O. PUTTASWAMYNAYAKA, AGED ABOUT 55 YEARS, RESIDING AT HIRIKYATHANAHALLI VILLAGE, HUNSUR TALUK, MYSURU DISTRICT. …PETITIONER (BY SRI. B. LOKESH, ADVOCATE) AND: THE STATE OF KARNATAKA BY HUNSUR RURAL POLICE STATION, HUNSUR TALUK, MYSURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATI, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER ON BAIL IN CR.NO.373/2024 OF HUNUSUR RURAL POLICE STATION, FOR AN ALLEGED OFFENCE P/U/S 109, 126(2) OF BNS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1679 CRL.P No. 14013 of 2024 PENDING ON THE FILE OF HONBLE PRL. CIVIL JUDGE AND JMFC, HUNSUR, MYSURU CITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail in Crime No.373/2023 of Hunsur Rural Police Station, Mysuru district, registered for the offence punishable under Sections 109 and 126(2) of BNS, 2023. 2. Heard the arguments of the learned counsel appearing for the parties and perused the material on record. 3. Complaint lodged by one Pavan Nayaka s/o.Krishna Nayaka reveals that on 17.10.2024 at about 8.00 a.m., a Panchayath was conducted in the presence of one Jagadeesh in relation to a quarrel which had taken place between one Pratap s/o.Kumara Nayaka and complainant's brother by name Pramoda. Kumaranayaka was - 3 - NC: 2025:KHC:1679 CRL.P No. 14013 of 2024 reprimanded in the Panchayath. Hence, he was nursing ill-will against complainant's brother, since he had complained to the Panchayath. In view of the said enmity, when complainant's brother Pramod was proceeding in front of one Vinayaka Medical Store, at about 11.30 a.m., accused restrained him and with an intention to commit his murder, stabbed him near left side of his chest. 4. The injured was shifted to D.R.M.Hospital, Mysuru for treatment. As per the wound certificate, he has sustained three injuries, out of which, Injury No.1 is grievous in nature. 5. The injured has been discharged from the hospital on 22.10.2024. Petitioner was arrested on 17.10.2024 and he is in judicial custody since then. It is submitted that the investigation is completed and charge sheet is also filed. Petitioner has no criminal antecedents. He is not required for further investigation/ interrogation. He has undertaken to furnish surety to ensure his regular presence before the - 4 - NC: 2025:KHC:1679 CRL.P No. 14013 of 2024 trial Court. Hence, by imposing suitable conditions, petitioner can be admitted to bail. Hence, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.373/2024 of Hunsur Police Station, Mysore district, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the I.O/Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge in committing any offence. - 5 - NC: 2025:KHC:1679 CRL.P No. 14013 of 2024 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BNV List No.: 1 Sl No.: 39