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2025 DAILYLAW 54150 (KAR)

GANESHA v. STATE BY

CRL.P/14111/2025 · 2025-11-18

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47383 CRL.P No. 14111 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. 14111 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. GANESHA S/O SURESH AGED ABOUT 24 YEARS. 2. SURESH S/O LATE LAKKEGOWDA AGED ABOUT 48 YEARS BOTH ARE R/AT HEBSUR VILLAGE SALIGRAMA TALUK MYSURU DISTRICT – 571 604. …PETITIONERS (BY SRI ROOPESHA B, ADVOCATE) AND: 1. STATE BY SALIGRAMA POLICE STATION K.R.NAGAR TALUK MYSURU DISTRICT – 571 604. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47383 CRL.P No. 14111 of 2025 ON BAIL IN CRIME No.266/2025 PENDING BEFORE THE HONBLE ADDL CIVIL JUDGE AND JMFC K.R.NAGAR WHICH IS REGISTERED BY THE RESPONDENT POLICE THAT IS SALIGRAMA POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2),352,109,118(1),351(2),351(3) R/W SECTION 3(5) OF BNS 2023. 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.1 and 2 under Section 483 of BNS praying to grant bail in Crime No.266/2025 of Saligrama Police Station registered for offences punishable under Sections 115(2), 352, 109, 118(1), 351(2), 351(3) read with Section 3(5) of BNS. 2. Heard learned counsel for petitioners and learned Additional SPP for respondent -State. 3. Learned counsel for petitioners would contend that alleged incident has taken place with regard to payment of the charges for tractor tilling. Injured stated to have sustained simple injuries and they have been discharged from the hospital. The major portion of the investigation is over. There are no criminal antecedents of - 3 - HC-KAR NC: 2025:KHC:47383 CRL.P No. 14111 of 2025 petitioners. With these, he prays to allow the petition and grant bail to petitioners. 4. Per contra, learned Additional SPP for the respondent –State would contend that Ashok has sustained two simple injuries and Rohith has sustained one simple injury. There is a recovery of one jelly stone, one stone piece and iron rod and they are having blood stains. The investigation is in progress. With this, she prayed to reject the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. One Rohith has filed complaint and it came to be registered in Crime No.266/2025 of Saligrama Police Station against the petitioners -accused Nos.1 and 2 for aforesaid offences. The incident is stated to have taken place on 11.09.2025 at about 8.30p.m. Accused Nos.1 and 2 stated to have assaulted first informant –Rohith, Ashok and Prakash. Two persons namely Ashok and Rohith have - 4 - HC-KAR NC: 2025:KHC:47383 CRL.P No. 14111 of 2025 sustained injuries. Ashok has sustained two injuries and they are simple injuries and Rohith has sustained one injury and it is stated to be simple in nature. The injured persons have been discharged from the hospital and they are out of danger. The major portion of the investigation is over. The petitioners are in judicial custody since 12.09.2025 and therefore, they are not required for custodial interrogation. There are no criminal antecedents of petitioners. Considering the above aspects, petitioners have made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) Petitioners are granted bail in Crime No.266/2025 of Saligramma Police Station subject to following conditions. a) Petitioners –accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- - 5 - HC-KAR NC: 2025:KHC:47383 CRL.P No. 14111 of 2025 each with one surety for the like sum to the satisfaction of trial Court. b) Petitioners –accused Nos.1 and 2 shall Co- operate with Investigating Officer in further investigation. c) Petitioners –accused Nos.1 and 2 shall not tamper the prosecution witnesses either directly or indirectly. d) Petitioners –accused Nos.1 and 2 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 11 Ct.sm