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2025 DAILYLAW 56579 (KAR)

SRI VIJYA KUMAR @ THIKLA VIJI v. STATE OF KARNATAKA

CRL.P/8478/2025 · 2025-07-15

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26040 CRL.P No. 8478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8478 OF 2025 BETWEEN: SRI VIJAY KUMAR @ THIKLA VIJI S/o LATE DEVENDRA AGED ABOUT 33 YEARS R/AT 343, RBI KALONI, VIDYA VANI COLLEGE PAPANNA BLOCK, NEAR MANJULA HOSPITAL, GANGANAGARA, R T NAGARA BENGALURU -560 032 …PETITIONER (BY SRI RAJASHEKARA R V, ADVOCATE) AND: STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, R T NAGARA POLICE STATION, BANGALORE CITY - 560 102 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SMT ASMA KAUSER, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.48/2025, IN (CC.NO.12751/2025), OF R.T. NAGAR POLICE, BENGALURU CITY, FOR THE ALLEGED OFFENCES UNDER SECTION 109, 118(1), 352, 238 R/W 3(5) OF BNS, 2023. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26040 CRL.P No. 8478 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Cr.No.48/2025, registered by R.T.Nagar Police Station, Bengaluru for offences punishable under Section 109, 118(1), 352, 238 r/w Section 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS), 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. First Information Report in Cr.No.48/2025 was registered by R.T.Nagar Police Station, Bengaluru for the aforesaid offences against Keshava and others based on the first information dated 20.02.2025 received from C.G.Narayana who is one of the injured victim in the present case. - 3 - HC-KAR NC: 2025:KHC:26040 CRL.P No. 8478 of 2025 4. During the course of investigation, petitioner was arrested on 22.02.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.3809/2025 was rejected on 23.05.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 6. Per contra, learned Additional State Public Prosecutor has opposed the petition and submits that petitioner is a person with criminal antecedent and therefore, his prayer for grant of regular bail needs to be rejected. - 4 - HC-KAR NC: 2025:KHC:26040 CRL.P No. 8478 of 2025 7. Perusal of the averments found in the first information submitted by the injured victim would go to show that accused persons and the victims are acquainted with each other. In the alleged incident that had taken place on 19.02.2025, allegation of assaulting the victim with weapon is as against accused No.1 and 2. 8. Learned counsel for the petitioner has submitted that accused No.1 and 2 have been enlarged on regular bail by the jurisdictional Sessions Court and the said submission is not seriously disputed by learned Additional State Public Prosecutor. Insofar as the petitioner is concerned, there is no allegation against him about assaulting the injured/victim with any weapon. Even otherwise the wound certificate of the injured/victim would go to show that he has suffered simple injuries in the incident in question. 9. Learned Additional State Public Prosecutor has brought to the notice of this Court that the petitioner is a - 5 - HC-KAR NC: 2025:KHC:26040 CRL.P No. 8478 of 2025 person with criminal antecedent and he was involved in two other criminal cases, in which he was granted regular bail. Investigation in the present case is completed and charge sheet has been filed. Under the circumstances, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. 10. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.48/2025, registered by R.T.Nagar Police, Bengaluru City, for the offences punishable under Section 109, 118(1), 352, 238 r/w Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One - 6 - HC-KAR NC: 2025:KHC:26040 CRL.P No. 8478 of 2025 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. f) Petitioner is directed to appear before the Station House Officer of RT Nagar Police Station, Bengaluru and mark his attendance on - 7 - HC-KAR NC: 2025:KHC:26040 CRL.P No. 8478 of 2025 every third Sunday of the month between 10.00 a.m., to 1.00 p.m., regularly for a period of one year from today. Sd/- (S VISHWAJITH SHETTY) JUDGE MR