- 1 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9547 OF 2025 BETWEEN: JEEVAN @ JEEVA R S/O RAJU.M, AGED ABOUT 21 YEARS, R/AT NO.113, 1ST MAIN ROAD, SANYASIKUNTE NEW QUARTERS, GAVIPURAM GUTTAHALLI, K.G.NAGAR MAIN ROAD, KEMPEGOWDANAGAR, BENGALURU - 560 019. …PETITIONER (BY SMT. SWATHI R. BHAT, ADVOCATE FOR SMT. R. JAYANTHI, ADVOCATE) AND: STATE OF KARNATAKA BY KEMPEGOWDA NAGAR P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASED ON BAIL IN CR.NO.73/2025 PENDING BEFORE THE HONBLE COURT OF 37TH ACJM AT BENGALURU PERTAINING TO THE KEMPEGOWDANAGAR P.S. FOR THE OFFENCES P/U/S. 109, 115(2), 351(2), 352 R/W 3(5) OF BNS ACT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 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, learned High Court Government Pleader for the State and perused the material on record. 2. Crime No.73/2025 of Kempegowdanagar Police Station, Bengalur City, is registered on a complaint lodged by one Nithin R. son of Ranganath against one Karthik and three others, for the offence punishable under Section 109, 115(2), 351(2), 352 read with Section 3(5) of the BNS, 2023. 3. Upon completion of investigation, charge sheet is filed against accused Nos.1 to 3, wherein petitioner is arraigned as accused No.2. 4. Petitioner was arrested on 23.05.2025. This petition seeking bail was rejected by the learned Sessions - 3 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 Judge, in Crl.Misc.No.5320/2025 vide order dated 28.06.2025. Hence, he has preferred this petition under Section 483 of the BNSS, 2023 to enlarge him on bail. 5. It is alleged by the complainant/injured that on 16.05.2025, at about 09:50 p.m., after having food from a push cart, he was standing infront of Sairanga play ground, Bull temple road, Bengaluru City. At that time, accused No.1-Karthik and 3 others came in two motorcycles, abused him in filthy language and accused No.1 stabbed him with a knife on his left hand and two others assaulted with cricket bats on the back of his head and other parts of the body, with an intention to commit his murder and threatened him with dire consequences etc. 6. As per charge sheet allegations, accused No.1 all of a sudden picked up quarrel with the complainant, abused him in filthy language and when the complainant questioned him as to why he is abusing him, the said - 4 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 accused took a cricket bat from accused No.2 and assaulted on his head and other parts of the body. Accused Nos.2 and 3 and a child in conflict with law (CCL) also assaulted him with the said bat one after the other and kicked him etc. Once again, accused No.1 took the knife from accused No.2 and stabbed him on the left hand and all the accused abused and threatened him etc. 7. Learned High Court Government Pleader has contended that petitioner was armed with a knife at the time of incident. The said knife has been recovered from his possession. As per wound certificate, complainant has sustained two injuries, out of which injury No.2 is grievous in nature. The fractures sustained by the complainant are caused by all the accused, including the petitioner. He contended that accused No.1 is a rowdy sheeter and the petitioner/accused No.2 is his associate and therefore, if the petitioner is enlarged on bail, there is likelihood of committing similar offences. He contended that in view of - 5 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 the statement of the complainant and the eyewitnesses, there is a prima-facie case against the petitioner. 8. Learned counsel for the petitioner has contended that the main allegations are against accused No.1 and the petitioner is falsely implicated in the case. She further contended that omnibus allegations are made that the petitioner and other accused have assaulted the complainant with cricket bat. She submitted that petitioner has no criminal antecedents, he is already interrogated and not required for further investigation. Charge sheet is already filed and therefore, by imposing any conditions, petitioner may be enlarged on bail. 9. The incident took place on 16.05.2025 at about 09:50 p.m. As per complaint averments, accused No.1 picked up quarrel with the complainant, abused him in filthy language and when the complainant questioned him, the said accused stabbed him with a knife on his left hand and two others assaulted him with cricket bat on the back - 6 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 of his head and other parts of the body and also kicked him etc. 10. As per FIR, on 17.05.2025, at about 03:00 p.m., complainant himself visited the police station and lodged the complaint, on the basis of which, case was registered against Karthik and three of his friends. In the charge sheet, petitioner is arraigned as accused No.2. Specific overt acts of stabbing the complainant is against accused No.1. Omnibus allegations are made that other accused have assaulted him with cricket bat all over his body etc. 11. As per wound certificate, complainant has sustained the following injuries:- 1) cut lacerated wound measuring 6X5 Cms over left forearm 2) C.T. scan dated 23.05.2025, shows (i) fracture of anterior, posterior lateral walls of the right maxillary sinus ii) a fracture of the nasal process of the right maxilla iii) fracture of the medial wall of the left maxillary sinus iv) fracture of the - 7 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 lateral wall of the anterior lateral aspect floor of the right orbit v) fracture of the right zygomatic arch. Injury No.1 is stated to be simple in nature and injury No.2, grievous in nature. 12. Omnibus allegations are made that all the accused have assaulted the complainant with cricket bat. No specific overt act has been attributed to the petitioner. He was arrested on 23.05.2025 and interrogated. Against accused No.1, it is submitted that he is involved in many criminal cases within the jurisdiction of Kempegowdanagar Police Station. However, petitioner has no criminal antecedents. Investigation is completed and charge sheet is filed. Hence, by imposing stringent conditions, petitioner can be enlarged on bail. 13. Accordingly, the following:- ORDER i) Petition is allowed. - 8 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 ii) Petitioner / accused No.2 is Crime No.73/2025 of Kempegowda Police Station, pending on the file of XXXVII ACJM at Bengaluru, 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 proof of 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. - 9 - HC-KAR NC: 2025:KHC:31331 CRL.P No. 9547 of 2025 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 21 CT: BHK