- 1 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14051 OF 2025 BETWEEN: 1. HARSHA. M S/O. MARISWAMY AGED ABOUT 23 YEARS, R/AT NO. 10, 2ND CROSS, SARASWATHI NAGARA, BAPUJI LAYOUT, VIJAYANAGARA, BENGALURU -560 040. 2. ACHYUTH. K @ MANOJA S/O. LATE KRISHNA, AGED ABOUT 23 YEARS, R/AT NO 17, 2ND MAIN, 2ND CROSS, NEAR ARALIMARA KABADDI GROUND, GOVINDARAJA NAGARA, BENGALURU - 560 040. …PETITIONERS (BY SRI. MANJUNATH M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VYALIKAVAL P.S, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU -560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP SRI. B. MANOJ, ADVOCATE FOR VICTIM) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.133/2025 REGISTERED BY VYALAIKAVAL P.S. BENGALURU FOR THE OFFENCE P/U/S 109 OF BNS 2023 WHICH IS PENDING BEFORE THE I A.C.J.M BENGALURU CITY. 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 Nos.2 and 3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail in Crime No. 133/2025 of Vyalikaval Police Station, Bengaluru City, registered for offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for the petitioners and the learned Additional State Public Prosecutor for respondent-State who is assisted by learned counsel for victim. - 3 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 3. Learned counsel for petitioners contended that no overt act of assault is alleged against the petitioners. The overt act of assault is alleged accused No.1. Petitioner No.1/accused No.1 was driving the car at the time of the incident. Petitioner No.2/accused No.3 is alleged to have held the victim and at that time accused No.1 assaulted him with a knife. The injured who was admitted on 01.09.2025 has been discharged on 12.09.2025. As per wound certificate, injured has sustained seven grievous injuries. The motive is alleged against accused No.1. Petitioner No.1/accused No.2 is the brother of accused No.1. As the charge sheet is filed, the petitioners are not required for custodial interrogation. With these, he prayed for allowing the petition. 4. Per contra, learned Additional State Public Prosecutor who is assisted by learned counsel for victim would contend that, Accused No.1 took a knife from accused No.3. Accused No.3 held the neck of injured and facilitated accused No.1 to assault the injured. The - 4 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 incident has taken place in the car and it has been recovered and it is having blood stains. The said car belongs to accused No.2. That there is a conspiracy and common intention among the accused persons to assault and kill the injured. The injured has sustained seven grievous injuries. Accused No.2 has abated the accused No.1 to assault the injured. CW19 is a girl with whom the injured was having love affair and accused No.1 is stated to be her ex-lover and in her statement she has narrated the acts of accused No.1. There is recovery of bike, knife and car. The charge sheet materials show prima facie case against the petitioners for offences alleged against them. With these, she prayed for dismissal of the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. Upon the first information of one Prajval, a case has been registered against accused No.1 Yathish and two - 5 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 others in Crime No.133/2025 of Vyalikaval Police Station for offence under Section 109 of Bharatiya Nyaya Sanhita, 2023. After investigation, charge sheet has been filed against accused No.1 to 3 for offence under Section 109, 3(5) of Bharatiya Nyaya Sanhita, 2023. Accused No.1 was ex-lover of CW19. Injured CW2 Sri Chandan is the lover of CW19. As injured was having love affair with CW19, accused No.1 being ex-lover was angry with him and he requested CW19 to continue affair with him. Accused No.2 is brother of accused No.1. Accused No.3 is friend of the accused No.2. Accused No.1, in the guise of talking took CW2 with him on a bike of CW20 and thereafter, sent CW20 back. Accused No.1 and CW2 sat and consumed alcohol in a Bar and Restaurant. Thereafter, Accused No.1 made a phone call to accused No.2 and asked him to come to the said Bar and Restaurant. At about 08.30 p.m., accused No.2 and 3 came in a car bearing registration No.KA-01-MS-8868. They took CW2 in the car and he was sitting in the front seat and accused No.2 was driving the - 6 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 said car. Accused No.1 and 3 were sitting on the back side seat of the car. On the way, accused No.2 abated accused No.1 to finish CW2 to get his lover and at that time, accused No.1 took knife from accused No.3, accused No.3 held neck of CW2 so that he cannot move, at that time, accused No.1 tried to assault CW2. At that time, CW2 put his hand to the knife and sustained injury on his right hand and ear. Thereafter, accused No.1 assaulted CW2 with knife on his chest and stomach, snatched his phone and pushed him from the car. CW2 was taken to Bilva Hospital and thereafter, he was shifted to Apollo Hospital. CW2 took treatment from 15.08.2025 to 12.09.2025. The wound certificate of CW2 indicates that he has sustained seven injuries and they are grievous injuries. 8. Petitioner No.1/accused No.2 was driving the car at the time of incident and he stated to have abated accused No.1 to finish CW2 to get his lover. There is no other overtact alleged against accused No.2 / petitioner - 7 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 No.1. Therefore, he is entitled for grant of bail with conditions. 9. Petitioner No.2/ accused No.3 has given knife to accused No.1 and thereafter, held the neck of CW2 and at that time, accused No.1 assaulted CW2 with a knife and caused grievous injuries. Petitioner No.2/accused No.3 by holding CW2 tightly facilitated accused No.1 to assault him with knife. Therefore, serious over tact is alleged against accused No.3. Therefore, he is not entitled for grant of bail. In the result, the following: ORDER i) The petition is partly allowed. ii) The petition is dismissed so far as petitioner No.2/accused No 3 is concerned and the petition so far as petitioner No.1/accused No 2 concerned is allowed. - 8 - HC-KAR NC: 2025:KHC:47219 CRL.P No. 14051 of 2025 iii) The petitioner No.1/accused No.2 is granted bail in Crime No. 133/2025 of Vyalikaval Police Station subject to following conditions: a) The petitioner No.1/accused No.2 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 Jurisdictional Court. b) He shall not tamper the prosecution witnesses either directly or indirectly. c) He shall attend the Trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. d) He shall not involve in commission of any offence. If he is found involved in the commission of any offence, the prosecution is at liberty to move application for cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PSJ / List No.: 1 Sl No.: 6