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2025 DAILYLAW 38060 (KAR)

KUM. SHARAD KRISHNA GUDDADMANI v. THE STATE OF KARNATAKA

CRL.P/103185/2025 · 2025-08-22

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10718 CRL.P No. 103185 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103185 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KUM. SHARAD KRISHNA GUDDADMANI S/O. KRISHNA GUDDADAMANI, AGE. 20 YEARS, OCC. STUDENT, R/O. H.NO.2038, MARATHA GALLI, TQ. GOKAK, DIST. BELAGAVI-591 307. … PETITIONER (BY SRI. GIRISH M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY P.S.I. GHATAPRABHA P.S. GOKAK TALUK, BELAGAVI DISTRICT, REP. BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN CRIME NO.137/2025 REGISTERED ON DATED 14.07.2025 BY THE GHATAPRABHA P.S. GOKAK TALUK, BELAGAVI DISTRICT PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 118(2), 109(1), 119, 352, 351(2) R/W SECTION 190 OF B.N.S. 2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND J.M.F.C. COURT, GOKAK TALUK, BELAGAVI DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10718 CRL.P No. 103185 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.3 in Crime No.137 of 2025 registered by Ghataprabha Police Station, Belagavi District for offences punishable under Sections 189(2), 191(2), 191(3), 118(2), 109(1), 119, 352, 351(2) read with Section 190 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.137 of 2025 was registered by Ghataprabha Police Station, Belagavi District for the aforesaid offences against Ramesh received from Harish Parasappa Chigadoli, who is the uncle of injured victim Vishwamurthy. During the course of investigation, petitioner herein was arrested on 19.07.2025 and remanded to judicial custody and in the remand application, he is arrayed as accused No.3. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.8100/2025 was rejected on 30.07.2025. Therefore, he is before this court. - 3 - HC-KAR NC: 2025:KHC-D:10718 CRL.P No. 103185 of 2025 4. Perusal of the material on record would go to show that on 13.07.2025 at about 05:30 p.m., the accused persons who came in bikes allegedly assaulted Vishwamurthy for the reason that he was sitting in the motor bike of Vishal Mestry, who is an accused in a murder case. Undisputedly, name of the petitioner is not found in the FIR. In respect of the alleged incident that had taken place at about 05:30 p.m. on 13.07.2025, first information is belatedly filed on 14.07.2025 at about 22:00 hours, which is after a delay of more than 24 hours. 5. Learned HCGP has fairly submitted that in the incident in question, the injured victim Vishwamurthy has suffered only simple injuries. 6. Petitioner is a student pursuing his bachelor degree course in Commerce and he is aged about 20 years. He has no criminal antecedent. He is in custody from 19.07.2025 onwards. Accordingly, the following: ORDER Criminal petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:10718 CRL.P No. 103185 of 2025 Petitioner is directed to be enlarged on bail in Crime No.137 of 2025 registered by Ghataprabha Police Station, Belagavi District for offences punishable under Sections 189(2), 191(2), 191(3), 118(2), 109(1), 119, 352, 351(2) read with Section 190 of BNS, 2023, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 5 - HC-KAR NC: 2025:KHC-D:10718 CRL.P No. 103185 of 2025 Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 27