- 1 - HC-KAR NC: 2025:KHC:33160 CRL.P No. 11449 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11449 OF 2025 BETWEEN: 1. ESWAR R @ ISU S/O RAMESH, AGED ABOUT 21 YEARS, R/AT NO.86, 4TH CROSS, JAI BHEEM NAGAR, DR. TCM RAYAN ROAD, COTTON PETE, BANGALORE-560 018. 2. SHANMUGAVELU S @ DINESH S/O SUNDARUM, AGED ABOUT 23 YEARS, R/AT NO 4, 2ND CROSS, NEAR K.P. AGRAHARA POLICE STATION, MAGADI ROAD, BANGALORE-560 023. …PETITIONERS (BY SRI. CHANDRAPPA K.N., ADVOCATE) AND: THE STATE OF KARNATAKA CHAMARAJAPETE POLICE STATION, BANGALORE REP BY STATE PUBLIC PROECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33160 CRL.P No. 11449 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL UNDER SECTION 483 OF THE CODE OF BHARATIYA NAGARIKA SURAKSHA SANHITHA. IN CRIME NO.173/2025 OF CHAMARAJPETE POLICE STATION FOR THE ALLEGED OFFENCE UNDER SECTION 109, 3(5) OF BNS PENDING ON THE FILE OF THE V ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. FIR in Crime No.173/2025 of Chamarajpet Police Station is registered against accused No.1-Eshwar, accused No.2 – Nithin, accused No.3 – Kiran and two unknown persons for the offence punishable under Section 109, 3(5) of BNS, 2023. 3. The complaint is lodged by Smt Shaila, mother of injured Dilish Raj. It is averred in the complaint that on - 3 - HC-KAR NC: 2025:KHC:33160 CRL.P No. 11449 of 2025 13.07.2025 at about 6.30 p.m., her son came screaming to the house and when she enquired, he informed her that accused Eshwar, Nithin, Kiran and two others have picked up quarrel with him and attempted to commit his murder by assaulting him with a chopper. Her injured son was admitted at Brindhavvan Hospital for treatment. 4. Learned counsel for petitioners contends that in the year 2024 there was an incident, wherein the injured and his brother had assaulted petitioner No.1 and a case was registered against them in Crime No.15/2024 at Chamarajpet Police Station for an offence punishable under Section 307 of IPC. He contends that petitioners are innocent and on account of previous enmity, they are falsely implicated in the case. He further contends that the injured was discharged from the hospital on the very next day and the injuries allegedly sustained by him are simple in nature. He submits that the petitioners are not required for further interrogation, as they are already interrogated - 4 - HC-KAR NC: 2025:KHC:33160 CRL.P No. 11449 of 2025 and therefore, by imposing any conditions they may be enlarged on bail. 5. Learned High Court Government Pleader contends that investigation is in progress. Statement of the eyewitness by name Kiran has been recorded. He has categorically stated that Dilish Raj was attacked by these petitioners as well as other accused. Three choppers have been recovered at the instance of the petitioners. He further submitted that statement of the injured is yet to be recorded. He therefore, sought to dismiss the petition. 6. Both the petitioners are named in the FIR. It is alleged in the FIR that the injured was chased by the accused and assaulted with a chopper on his head. Petitioners are arrested on 18.07.2025. The statement of the injured is not yet recorded. 7. I have perused the statement of one Kiran, an eyewitness to the incident. His statement was recorded on 14.07.2025 i.e., on the very next day of registration of the - 5 - HC-KAR NC: 2025:KHC:33160 CRL.P No. 11449 of 2025 FIR. He has stated that Dilish Raj was chased by Eshwar, Nithin and Kiran and out of them Eshwar was holding a chopper and with an intention to commit murder, he assaulted Dilish Raj with the said chopper on the back of his head. Again with the butt end of the chopper, he assaulted him. 8. As per wound certificate of the injured, he has sustained two incised injuries, one behind right ear over mastoid region measuring 7 cm x 3 cm x bone deep and another over right side of neck measuring 2 cm x 1 cm x muscle deep. Even though the injures are mentioned as simple in nature, the injuries are on the vital part of the body. 9. A perusal of the statement of eyewitness goes to show that it was petitioner No.1/accused No.1 who made an attempt on the life of the injured by assaulting him on his head. The role of petitioner No.2 and his intention to commit the offence along with accused No.1 is a matter which has to be established during trial. - 6 - HC-KAR NC: 2025:KHC:33160 CRL.P No. 11449 of 2025 10. For the foregoing reasons, petitioner No.1/accused No.1 is not entitled for bail. Petitioner No.2/accused No.5 can be granted bail by imposing conditions. Accordingly, the following: ORDER (i) Petition is partly allowed. (ii) Petition in respect of petitioner No.1/accused No.1 is dismissed. (iii) Petition is allowed is respect of petitioner No.2/accused No.5. (iv) Petitioner No.2/accused No.5 in Crime No. 173/2025 of Chamarajpet Police Station, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 7 - HC-KAR NC: 2025:KHC:33160 CRL.P No. 11449 of 2025 2. He shall furnish proof of his residential address and shall inform the 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 himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38