- 1 - HC-KAR NC: 2025:KHC:48543 CRL.P No. 14593 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. 14593 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MR.SANTOSH E. S/O ELANGOVAN @ SHANKAR, AGED ABOUT 20 YEARS, R/AT: NO.514, I FLOOR, 3RD CROSS, FLOWER GARDEN, BABUSAB PALLYA, BENGALURU - 560 043. &PETITIONER (BY SRI. BHASKAR C.R., ADVOCATE) AND: STATE OF KARNATAKA BY RAMAMURTHY NAGARA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE OF THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. &RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.644/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 109, 190, 351(2), 352 AND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48543 CRL.P No. 14593 of 2025 351(3) OF BNS, 2023 REGISTERED BY RAMAMURTHY NAGAR POLICE STATION, PENDING ON THE FILE OF XI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MAYOHALL UNIT, 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 field by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.644/2025 of Ramamurthy Nagar Police Station, registered for offences punishable under Sections 109, 190, 351(2), 352 and 351(3) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, no overtact of assault is alleged against this petitioner. The averments in the complaint indicates that, - 3 - HC-KAR NC: 2025:KHC:48543 CRL.P No. 14593 of 2025 two persons who came on bike have assaulted the C.W.1. The petitioner is a student and the major portion of the investigation is over and therefore, he is not required for custodial interrogation. 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. As per the charge sheet, at the instance of this petitioner, accused No.4 assaulted with knife on the head of C.W.1 and caused injury and went away on the back of accused No.5. Accused No.2 gave knife to accused No.4. The injury sustained by C.W.1 is a grievous injury. There are eyewitnesses to the incident. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused FIR, complaint, charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:48543 CRL.P No. 14593 of 2025 6. The accusation made against this petitioner/accused No.2 is that, as he was insulted, he was thinking of taking revenge against C.W.1 and made conspiracy with the other accused and told them that, he will give signal and at that time, the other accused have to assault C.W.1. In furtherance of the same, accused No.2 gave knife to accused No.4 and made a signal showing C.W.1 and at that time, accused No.4 abused C.W.1 in filthy language and assaulted him with knife given by accused No.2 on the head and caused injury and went away on the bike of accused No.5. Considering the above aspect, the overtact of assault is not alleged against this petitioner/accused No.2. The assault is alleged against accused No.4 who is stated to have assaulted with knife on the head of C.W.1. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 24.09.2025. There are no criminal incidents of the petitioner. The petitioner is stated to be a student. - 5 - HC-KAR NC: 2025:KHC:48543 CRL.P No. 14593 of 2025 7. Considering all the above aspects, the petitioner has made out a case for grant of bail conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner/accused No.2 is granted bail in Crime No.644/2025 of Ramamurthy Nagar Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional Court. ii) The Petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall cooperate with the Investigating Officer in further investigation. - 6 - HC-KAR NC: 2025:KHC:48543 CRL.P No. 14593 of 2025 iv) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for the speedy disposal of case. v) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 15