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2025 DAILYLAW 50941 (KAR)

SRI PEERU @ PEER SAHEB v. STATE OF KARNATAKA

CRL.P/14696/2025 · 2025-11-24

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48546 CRL.P No. 14696 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14696 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SRI PEERU @ PEER SAHEB S/O BABA SAHEB, AGED ABOUT 55 YEARS, RESIDING AT NO.5494, 20TH WARD, YARAB NAGARA, CHANNAPATNA TOWN, RAMANAGARA DISTRICT - 562 160. 2. SRI SABBIR PASHA @ MOHAMMED SHABIR S/O RASUL SAB, AGED ABOUT 38 YEARS, RESIDING AT YARAB NAGARA, B.M. ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT - 562 160. &PETITIONERS (BY SRI. DENNY M.G. AND SRI. SANDEEP ADVOCATE FOR SRI. MANOJ S.N., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH CHANNAPATNA EAST POLICE STATION, BENGALURU. REPRESENTED BY THE SPP, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, BENGALURU - 560 001. &RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48546 CRL.P No. 14696 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGING THE PETITIONERS/ACCUSED NO.3 AND 5 ON REGULAR BAIL IN CRIME NO.47/2025 REGISTERED BY TEH CHANNAPATNA EAST POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 190, 191(3), 189(2), 191(2), 54 AND 74 OF BNS, 2023 AND PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, CHANNAPATNA, RAMANAGARA DISTRICT, BENGALURU. 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.3 and 5 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.47/2025 of Channapatna East Police Station, registered for offences punishable under Sections 109, 115(2), 190, 191(3), 189(2), 191(2), 54 and 74 of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:48546 CRL.P No. 14696 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, no serious overtact is alleged against these petitioners. The overtact is alleged is against accused Nos.1 and 2 who have assaulted the injured with knife. The injured has been discharged from the hospital. The major portion of the investigation is over. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the charge sheet has been filed. C.W.10 to C.W.20 are the eye witnesses to the incident. The injured has sustained four injuries on his vital part. With these, he prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:48546 CRL.P No. 14696 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. There was a quarrel on 13.08.2025 at 10.30 p.m. between the injured and accused persons. In the said quarrel, accused Nos.1 to 6 have assaulted the injured with his hands and abused him in filthy language. At that time, accused No.3 instigated accused Nos.1, 2, 5 and 6 to kill the injured. At that time, accused No.1 assaulted the injured with knife on his back and accused No.2 assaulted him with knife on his back and chest and he sustained bleeding injuries. Considering the above aspects, no serious overtact of assault by weapon is alleged against petitioner Nos.1 and 2/accused Nos.3 and 5. The serious overtact of assault with knife is alleged against accused Nos.1 and 2. The petitioners are in judicial custody since 15.08.2025. As the charge sheet is filed, they are not required for custodial interrogation. There are no criminal antecedents of the petitioners. - 5 - HC-KAR NC: 2025:KHC:48546 CRL.P No. 14696 of 2025 7. Considering all the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioners/accused Nos.3 and 5 are granted bail in Crime No.47/2025 of Channapatna East Police Station, subject to following conditions: i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the jurisdictional Court. ii) The Petitioners shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioners shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for the speedy disposal of case. - 6 - HC-KAR NC: 2025:KHC:48546 CRL.P No. 14696 of 2025 iv) The petitioners shall not involve in commission of any offence. If the petitioners involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 17