- 1 - NC: 2025:KHC:2025 CRL.P No. 47 of 2025 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. 47 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SHRI SANDEEP K S/O. LATE KUMAR, AGED ABOUT 31 YEARS, RESIDING AT: MARATHIKYATHANAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK, MYSURU DISTRICT- 570 026. …PETITIONER (BY SRI. PALLAVA R.,ADVOCATE) AND: THE STATE OF KARNATAKA BY SARASWATHIPURAM PS SARASWATHIPURAM, MYSURU CITY - 570 009 REPRESENTED BY THE LEARNED SPP, HIGH COURT OF KARNATAKA, BENGALURU 560 001. …RESPONDENT (BY SRI. RANGASWAMY.R. HCGP, ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED WHO IS IN CUSTODY IN CONNECTION WITH CR.NO.116/2024 REGISTERED BY THE RESPONDENT SARASWATHIPURAM POLICE, FOR THE OFFENCE P/U/S 109 OF BNS, 2023, PENDING ON THE FILE OF III JMFC COURT, MYSURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2025 CRL.P No. 47 of 2025 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 the BNSS, 2023 is preferred by the petitioner to enlarge him on bail in Crime No.116/2024 of Saraswathipuram Police Station, registered for an offence punishable under Section 109 of BNS, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for the State and perused the material on record. 3. Law is set into motion by the wife of the victim. It is stated that the complainant’s husband, Honnegowda, is doing real estate business and also an agriculturist. There was a money transaction between her husband and the petitioner. On 12.11.2024 at about 07:00 p.m., a person by name Sharath called the complainant over phone and informed her that the petitioner has assaulted her husband with a sickle and he has been admitted at BKG Avant hospital. Immediately, the complainant rushed to the hospital and enquired with her - 3 - NC: 2025:KHC:2025 CRL.P No. 47 of 2025 husband, who was taking treatment. On enquiry, he informed her that at about 06:30 - 06:45 p.m., accused picked up quarrel with him in connection with money transaction and saying that he will finish him, tried to assault him with a sickle and while trying to escape, sustained injuries to his left hand. Further, when he ran inside the TVS show room, accused chased him and dragged him out of the show room and assaulted him indiscriminately on his back, head etc., with an intention to commit murder. 4. Learned counsel for petitioner has contended that admittedly, there is a money transaction between the petitioner and injured. Petitioner has only requested him to return the money and at that time, the incident has taken place. He contended that even the petitioner has sustained injuries in the scuffle. He further contended that petitioner has no criminal antecedents, he is the only bread earner in the family, his further detention is not necessary, as now the investigation is also completed. 5. Learned High Court Government Pleader has opposed the prayer for bail contending that with an intention to - 4 - NC: 2025:KHC:2025 CRL.P No. 47 of 2025 commit murder, petitioner has assaulted the injured with a sickle on the vital parts of his body and caused 15 injuries to him. There are eye-witnesses to the incident and therefore, there is a prima-facie case against the petitioner. He contended that if the petitioner is enlarged on bail, he may cause more harm to the petitioner and try to tamper with the prosecution witnesses and accordingly, prays to dismiss the petition. 6. I have perused the statements of the injured wherein, he has clearly stated that this petitioner has assaulted him with sickle and also chased him inside the show room and dragged him out and assaulted him indiscriminately all over his body. Blood stained sickle, cloths and slippers are recovered at the instance of the petitioner. 7. Wound certificate of the injured shows that he has sustained the following injuries. 1. Linear Laceration of 8cms over left parietal occipital region of scalp 2. Linear Laceration of 5cms over left temporal region of scalp 3. Linear Laceration of 3cms over left parietal region of scalp - 5 - NC: 2025:KHC:2025 CRL.P No. 47 of 2025 4. Irregular Laceration of 3cms over left temporal region of scalp just above left ear 5. Irregular Laceration of 2cms over left ear lobe 6. Linear Laceration of 6cms over right Occipital parietal region of scalp 7. Fracture of right parietal bone with tiny fracture fragments 8. Laceration of 8x4x2cms over the front of left forearm just below the wrist with injury to underlying tendons, nerves & blood vessels 9. Horizontal Laceration of 3cms each over the palmar aspect of right index, middle & ring fingers with tendon injuries 10. Horizontal Laceration of 6x2cms over the centre of upper back 11. Oblique Laceration of 3x1cms over left side of upper back 12. 20cms Irregular scratch over the upper back - 6 - NC: 2025:KHC:2025 CRL.P No. 47 of 2025 13. 10cms curved scratch over the left side of chest 14. Right sided Lung has small Pneumothorax 15. Open fracture of distal 1/3rd of Left Ulna bone. 8. Injuries are on the vital parts of the body like occipital and temporal regions. Injured has sustained fracture of right parietal bone and fracture of 1/3rd of left Ulna bone. Injuries 7, 8, 9, 14 and 15 are grievous in nature. Hence, considering the nature and gravity of the offence, I am of the considered view that this is not a fit case to enlarge the petitioner on bail. 9. Petition is accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 46