- 1 - HC-KAR NC: 2025:KHC:29132 CRL.P No. 9866 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9866 OF 2025 BETWEEN: MR. GANESH S/O SRI. MAYILAPPA GOWDA, AGED ABOUT 44 YEARS, OCCUPATION: DAILY WAGES EMPLOYEE, R/OF ARBI, BELTHANGADY, HANTHILA, BELTHANGADY, DAKSHINA KANNADA-574 241. …PETITIONER (BY SRI. JAGADEESHA GOWDA, ADVOCATE) AND: THE STATE OF KARNATAKA BY KAMAKSHIPALYA P S., BENGALURU (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001). …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.313/2025 OF KAMAKSHIPALYA POLICE STATION, BENGALURU, (REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 109 OF BNS PENDING ON THE FILE OF L ACJM, BENGALURU) PENDING THE TRIAL PRODUCED AT ANNEXURE-A. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29132 CRL.P No. 9866 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 respondent/State and perused the material on record. 2. This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner on bail in Cr.No.313/2025 of Kamakshipalya Police Station, Bengaluru City, registered for offence under Section 109 of BNS, 2023. 3. It is the case of prosecution, that on 9.6.2025 at about 11.30 a.m., the complainant/injured by name Raghavendra S.K., after filling petrol to his two wheeler and while he was talking on his phone by the side of the road near the petrol bunk, the accused all of a sudden came from behind and took objection for parking his scooter on the road and assaulted him with an iron chisel on his neck causing bleeding injuries and when the complainant asked him why he is - 3 - HC-KAR NC: 2025:KHC:29132 CRL.P No. 9866 of 2025 assaulting, the accused once again assaulted him with a pipe. When the complainant screamed, he ran away from the spot after seeing the public. The injured was shifted to Lakshmi Hospital wherein he has undergone treatment. 4. As per the wound certificate of the injured, he has sustained the following injuries: “1. Multiple cut lacerated wounds over an area of 10 X 8 cm over back and sides of the neck and head varying in sizes from 4cm X 1cm to 2cm X 1cm of muscle depth.(CT Neck & Brain plain No:27634 dated 09.0625) 2. Cut lacerated wound measuring 2cm X 0.5cm X muscle depth present over palmar aspect of Right ring finger (? Defence injury).” Injury No.1 is said to be grievous in nature and injury No.2 is said to be simple in nature. 5. The petitioner was arrested on 9.6.2025 and since then, he in judicial custody. 6. A perusal of the complaint averments goes to show that there is no previous enmity whatsoever and the incident - 4 - HC-KAR NC: 2025:KHC:29132 CRL.P No. 9866 of 2025 took place in a spur of the moment. It appears that the petitioner being enraged on seeing the complainant who was talking on phone parking his two wheeler blocking the path, questioned him why he has parked his vehicle on the road and assaulted him with iron chisel and a pipe which he was holding. 7. Learned counsel submits that the petitioner is a carpenter by profession and he has psychiatric issues and he is under treatment. He, further submits that the petitioner is the sole bread winner of the family and he is already interrogated and not required for further interrogation. 8. The petitioner has no criminal antecedents. He was arrested on 9.6.2025 and interrogated. He is not required for further interrogation/investigation. Considering the facts and circumstances of the case, by imposing conditions, the relief sought for by the petitioner can be granted. Accordingly, the following: ORDER i. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:29132 CRL.P No. 9866 of 2025 ii. Petitioner/accused in Cr.No.313/2025 of Kamakshipalya Police Station, Bengaluru City, pending on the file of the Court of L ACJM, Bengaluru City, 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. - 6 - HC-KAR NC: 2025:KHC:29132 CRL.P No. 9866 of 2025 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 39