Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32683 CRL.P No. 11312 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11312 OF 2025
BETWEEN:
ARUNA S/O ANNAPPA ACHARI, AGED ABOUT 37 YEARS, R/AT VATUKUDIGE VILLAGE, N.R.PURA TALUK, CHIKKAMAGALURU DISTRICT-577 101. …PETITIONER
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
THE STATE OF KARNATAKA BALEHONNUR POLICE STATION, CHIKKAMAGALURU DISTRICT-577 101, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 009. …RESPONDENT
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO
ORDER FOR THE ENLARGE THE PETITIONER ON BAIL IN CR NO.0055/2025 BY THE BALEHONNUR POLICE STATION, CHIKKAMAGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 352, 351(2), 115(2), 118(1), 109 R/W 3(5) OF BHARATIYA NYAYA SANHITA,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32683 CRL.P No. 11312 of 2025
AND PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC AT NARASIMHARAJAPURA, CHIKKAMAGALURU DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioner, the learned High Court Government Pleader for respondent-State and perused the material on record.
2. FIR in Cr.No.55/2025 of Balehonnur Police Station, Chikkamagaluru, is registered against accused Nos.1 to 3 for offences punishable under Section 352, 351(2), 115(2), 118(1), 109 r/w 3(5) of BNS, 2023.
3. It is alleged that on 10.7.2025 at about 7.00 a.m., complainant’s wife-Sowmya had been to the land to leave water, at that time, accused persons quarrelled with her. When the complainant hearing the quarrel went and intervened, accused No.1 assaulted him on his face and near the eye with a sickle and assaulted on
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HC-KAR NC: 2025:KHC:32683 CRL.P No. 11312 of 2025
his right hand with a stone. Accused No.2 assaulted with a club and accused No.3 kicked him and all of them threatened him with dire consequences.
4. Petitioner was arrested on 10.7.2025. The wound certificate of the injured shows that the injuries sustained are simple in nature.
5. Learned High Court Government Pleader submits that investigation is completed and chargesheet is filed and while filing chargesheet, Section 109 of BNS, 2023 has been deleted.
6. It appears that incident took place on account of a civil dispute. Accused Nos.2 and 3 are granted bail by the learned Sessions Judge. The injured has not sustained life threatening injuries. Section 109 of BNS, 2023, invoked in the FIR has been dropped while filing the chargesheet. He is not required for further interrogation. Hence, by imposing conditions, the relief sought in the petition can be granted. Accordingly, the following:
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HC-KAR NC: 2025:KHC:32683 CRL.P No. 11312 of 2025
ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.55/2025 of Balehonnur Police Station, Chikkamagaluru, shall be enlarged on bail, subject to following conditions:
1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
2. He shall furnish his residential address and shall inform the Court, if there is change in the address.
3. He shall not directly or indirectly tamper with the prosecution witnesses.
4. He shall not indulge himself in committing any offence.
5. He shall appear before the trial Court regularly on all dates of hearing.
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HC-KAR NC: 2025:KHC:32683 CRL.P No. 11312 of 2025
Violation of condition/s shall result in cancellation of bail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
TL List No.: 1 Sl No.: 42