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2025 DAILYLAW 39978 (KAR)

RITHESH KUMAR v. STATE BY MAHADEVAPURA PS.

CRL.P/13793/2025 · 2025-11-04

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44302 CRL.P No. 13793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13793 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RITHESH KUMAR S/O UMESH AGED ABOUT 25 YEARS R/A BAGMANE TECH PARK LABOUR SHED BEHIND GOSHALE GARUDACHARPALYE BENGALURU - 560048. …PETITIONER (BY SMT. JYOTHI S K.,ADVOCATE) AND: 1. STATE BY MAHADEVAPURA PS., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.531/2025 REGISTERED BY THE RESPONDENT - MAHADEVAPURA POLICE, BENGALURU FOR THE O/P/US/ 109,115(2),118(1),352 OF BNS PENDING BEFORE XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44302 CRL.P No. 13793 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.531 of 2025 of Mahadevapura Police Station registered for the offences punishable under Sections 109, 115(2), 118(1) and 352 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent/State. 3. The learned counsel for the petitioner would contend that, the alleged incident had taken place between two co-workers in a sudden quarrel, and there was no intention on the part of the petitioner to kill the injured. The injured is now discharged from hospital, and there is no danger to his life. The investigation is almost - 3 - HC-KAR NC: 2025:KHC:44302 CRL.P No. 13793 of 2025 completed, and therefore, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, she prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, the wound certificate indicates that, the injured has sustained a grievous injury, and he was admitted in ICU. There is eye witness to the incident. From the spot, the weapon used has been seized along with other articles under mahazar. There is a prima facie case against him. The offence alleged against the petitioner is a heinous offence. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. The incident has taken place on 31.08.2025 in the workplace where the petitioner and the injured were - 4 - HC-KAR NC: 2025:KHC:44302 CRL.P No. 13793 of 2025 working with regard to supply of food. The petitioner is stated to have assaulted the injured with a pickaxe on his head and caused injury. The wound certificate indicates that, the injured has sustained a deep cut lacerated wound over his left scalp, temporo parietal region. The said injury is stated to be grievous in nature. The wound certificate made available by the learned Additional State Public Prosecutor indicates that the injured was admitted on 31.08.2025 and discharged on 04.09.2025. Considering the discharge of the injured, there is no danger to his life. 7. The petitioner is in judicial custody since 01.09.2025 and as investigation is almost completed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:44302 CRL.P No. 13793 of 2025 ii) The petitioner is granted bail in Crime No.531/2025 of Mahadevapura Police Station registered for the offences punishable under Sections 109, 115(2), 118(1) and 352 of Bharatiya Nyaya Sanhita, 2023subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of jurisdictional Court; b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 8