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2025 DAILYLAW 53346 (KAR)

SRI SANTHOSH S/O KALLAPPA JELEAD v. STATE OF KARNATAKA

CRL.P/101331/2025 · 2025-04-21

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6627 CRL.P No. 101331 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101331 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. SANTHOSH S/O. KALLAPPA JELEAD, AGE: 27 YEARS, OCC. LINEMEN IN HESCOM, R/O. HANDIGUND VILLAGE, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA BY KAGWAD P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD 580001. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO GRANT THE PETITIONER/ACCUSED REGULAR BAIL IN THE CRIME NO.22/2025 OF KAGWAD POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 118(1), 351(3) AND 352 OF BNS 2023, PENDING BEFORE CIVIL JUDGE AND JMFC, KAGWAD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:02:37 +0530 - 2 - NC: 2025:KHC-D:6627 CRL.P No. 101331 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Neelendra D. Gunde, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petitioner has approached this Court under Section 483 Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To grant the petitioner/accused regular bail in the Crime No.22/2025 of Kagwad Police Station, registered for the offences punishable under Sections 109, 118(1), 351(3) and 352 of BNS 2023, pending before Civil Judge and JMFC, Kagwad.” 3. Facts in a nutshell for disposal of the present petition are as under: A complaint was lodged by Basavaraj S/o Shankar Mangale with Kagawad Police on 05.02.2025, which was registered in Crime No.22/2025 for the offence under Sections 109, 118(1), 351(3) and 352 of BNS 2023. - 3 - NC: 2025:KHC-D:6627 CRL.P No. 101331 of 2025 4. The gist of the compliant averments would reveal that on 04.02.2025, between to 03.15 pm to 3.30 pm, near Shedbal Station, the petitioner said to have visited the parents house of his wife and picked up a quarrel. When he tried to assault his wife Girija, the complainant said to have interfered to rescue her. At that juncture, the accused assaulted the complainant with a knife resulting in blood injuries and immediately complainant was shifted to the Hospital and a complaint came to be lodged. 5. After registering the case, the Police thoroughly investigated the matter and filed the chargesheet. The wound certificate collected by the investigating agency would depict that complainant sustained grievous injuries because of assault made by the petitioner whereas as per the complaint, Girija sustained simple injury. 6. Since the chargesheet is filed and matter is to be tried before the jurisdictional Court. Further, accused has cooperated with the investigation. As such, the - 4 - NC: 2025:KHC-D:6627 CRL.P No. 101331 of 2025 continuation of the accused in judicial custody is no longer warranted. 7. The apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 8. Accordingly, the following order: ORDER (i) The petition allowed. (ii) The petitioner is directed to be enlarged on bail on executing the bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial Court. (iii) The petitioner shall not tamper with any prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. - 5 - NC: 2025:KHC-D:6627 CRL.P No. 101331 of 2025 (v) Petitioner shall not leave the jurisdiction of Belagavi District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. SD/- (V.SRISHANANDA) JUDGE RHR/- CT:PA LIST NO.: 1 SL NO.: 10