- 1 - HC-KAR NC: 2025:KHC:39899 CRL.P No. 13871 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13871 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SYED SADATH @ SAADHU, S/O LATE RAFIQ AGED ABOUT 23 YEARS R/O MURUGAN COLONY SUBHASH NAGAR KADUR TOWN CHIKKAMAGALURU DISTRICT.-577101 …PETITIONER (BY SRI. ASHOKA T.,ADVOCATE) AND: STATE BY KADUR POLICE, KADUR TOWN CHIKKAMAGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39899 CRL.P No. 13871 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C./ UNDER SECTION 483 BNNS PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 248/2025 OF KADUR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 115(2), 118(1), 109(1), 351(2) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, KADUR. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 2 under Section 483 of BNSS, 2023, seeking grant of bail in crime No. 248/2025 of Kadur Police Station, registered for offence punishable under Sections 352, 115(2), 118(1), 109(1), 351(2) read with Section 3(5) of BNS. 2. Heard learned counsel for petitioner and learned H.C.G.P. for the respondent. 3. Learned counsel for petitioner would contend that the petitioner is the elder brother of accused No. 1. The overtact alleged against petitioner – accused No. 2 is assault by fist on the face and neck of the complainant. - 3 - HC-KAR NC: 2025:KHC:39899 CRL.P No. 13871 of 2025 Serious overtact is alleged against accused No.1 who is stated to have assaulted the complainant with knife on his stomach. He further submits that the injured has been discharged from hospital. Petitioner is in judicial custody since 01.09.2025 and major portion of investigation is completed. With this he prayed to allow the petition. 4. Per contra, learned H.C.G.P. would contend that the overtact alleged against petitioner – accused No. 2 is assault by fist on the face and neck of the complainant. Serious overact alleged against accused No. 1 is assault by knife on the stomach of complainant. Investigation is in progress and if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. There was a quarrel between the complainant and accused No. 1 on 31.08.2025 at about 07.30 pm and - 4 - HC-KAR NC: 2025:KHC:39899 CRL.P No. 13871 of 2025 at that time, petitioner – accused No. 2 who is the elder brother of accused No. 1 had abused the complainant and assaulted him with fist on his face and neck. There is no allegation of petitioner assaulting the complainant with any weapon. Serious overtact is alleged against accused No.1 who is stated to have assaulted the complainant with knife on his stomach. Considering the said aspect, the petitioner is not required for any further custodial interrogation. The petitioner has made out grounds for grant of bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in crime No. 248/2025 of Kadur Police Station, subject to following conditions: 1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. - 5 - HC-KAR NC: 2025:KHC:39899 CRL.P No. 13871 of 2025 2. Petitioner shall cooperate with the Police in the investigation. 3. Petitioner shall not tamper with the prosecution witnesses. 4. Petitioner shall appear before the trial Court on all dates of hearing unless exempted. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 42 Ct- SM