Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 40649 (KAR)

SRI. PRAMOD v. STATE BY HUNSUR RURAL POLICE

CRL.P/15308/2025 · 2025-12-03

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50369 CRL.P No. 15308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15308 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. PRAMOD S/O SHEKAREGOWDA, AGED ABOUT 25 YEARS, R/AT SHYANUBHOGANAHALLI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571103. …PETITIONER (BY SRI. SAMEER S N.,ADVOCATE) AND: 1. STATE BY HUNSUR RURAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADD. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50369 CRL.P No. 15308 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.1263/2025 (CR.NO.187/2025) REGISTERED BY THE RESPONDENT HUNSUR RUARL POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 352, 126(2), 54, 109, 3(5) OF BNS ACT PENDING BEFORE THE HONBLE PRINCIPAL CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS COURT HUNSUR. 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 accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in CC No.1263/2025 (Crime No.187/2025 of Hunsur Rural Police Station) registered for the offences punishable under Sections 352, 126(2), 54, 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC Court, Hunsur. 2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State. 3. The learned counsel for petitioner would contend that, the petitioner earlier had filed a petition seeking anticipatory bail, - 3 - HC-KAR NC: 2025:KHC:50369 CRL.P No. 15308 of 2025 and he withdrew the same. Thereafter, he was surrendered before the Trial Court on 31.07.2025, and since then, he is in judicial custody. The injured has been discharged from the hospital, and there is no danger to his life. There was no intention on the part of the petitioner to kill the injured. The incident has taken place in a sudden quarrel. As the charge is filed, he is not required for further custodial interrogation. He is ready to abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the Additional State Public Prosecutor for the respondent/State would contend that, the wound certificate indicates that, CW2 has sustained injury to his left eye, and there is total loss of vision of his left eye, and the doctor has opined that, it is grievous in nature. The statements of CW2/injured and CW3/eyewitness have been recorded under Section 183 of BNS, 2023, and they have stated regarding the incident. The clothes of the petitioner seized were found to be blood stained in the FSL report. The charge sheet shows prima facie case against the petitioner for the offences alleged against him. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:50369 CRL.P No. 15308 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that, there was enmity between accused No.1 and CW2, since last five - six years with regard to playing of cricket, with that enmity on 21.04.2021 at about 09.30 p.m. when CW1 and CW2 were on the road, at that time, accused No.1 abused him in filthy language, and held collar of CW2 and abused and assaulted him with beer bottle on his left eye, left cheek, and left lip and caused severe injuries. As per wound certificate, CW2 has sustained grievous injury to his left eye, and there is total loss of vision. The injured has been discharged from the hospital, and he is out of danger. The part on which the assault has been made is not a vital part of the body of CW2. The charge sheet has been filed, and therefore, petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner is in custody since 31.07.2025. 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. - 5 - HC-KAR NC: 2025:KHC:50369 CRL.P No. 15308 of 2025 In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.187/2025 of Hunsur Rural Police Station registered for the offences punishable under Sections 352, 126(2), 54, 109, 3(5) of BNS, 2023 pending in CC No.1263/2025 on the file of the learned Principal Civil Judge and JMFC Court, Hunsur, subject 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 the Trial 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. d) The petitioner shall not involve in commission of any offence. If he is found involved in commission of - 6 - HC-KAR NC: 2025:KHC:50369 CRL.P No. 15308 of 2025 any offence, the prosecution is at liberty to move application for cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6