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2025 DAILYLAW 57276 (KAR)

MR KARTHIK K v. STATE OF KARNATAKA

CRL.P/10584/2025 · 2025-08-21

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32927 CRL.P No. 10584 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. 10584 OF 2025 BETWEEN: MR. KARTHIK. K S/O KUMAR.M AGED 28 YEARS, R/AT NO. 195, NEW NO.11, 5TH CROSS, SANYASIKUNTE, K.G. NAGAR, BANGALORE-560 019. …PETITIONER (BY SRI. MANJUNATH B. R., ADVOCATE) AND: STATE OF KARNATAKA BY KEMPEGOWDA NAGARA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY MS. ASMA KOUSER., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.73/2025 OF KEMPEGOWDANAGAR P.S. REGISTERED FOR OFFENCE P/U/S. 109, 115(2), 351(2), 352 R/W 3(5) OF BNS PENDING ON THE FILE OF XXXVII ADDL. CJM AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32927 CRL.P No. 10584 of 2025 ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. Petitioner is accused No.1 in Crime No.73/2025 of Kempegowda Nagar Police Station, Bengaluru City, registered for the offence punishable under Section 109, 115(2), 351(2), 352 read with Section 3(5) of the BNS, 2023. 3. FIR is registered against the petitioner and three others, on a complaint lodged by one Nithin R., victim in this case. 4. It is alleged that on 16.05.2025 at about 09:50 p.m., when the complainant after having dinner from a Push cart, was standing in front of Sai ranga play ground, accused No.1 along with 3 others came in two motor cycles, picked up quarrel with him, abused him and stabbed on his left hand with a knife and two others - 3 - HC-KAR NC: 2025:KHC:32927 CRL.P No. 10584 of 2025 assaulted on the back of his head and other parts of the body with a cricket bat and also fisted on his nose, kicked him etc, with an attempt to commit his murder. 5. It is contended by the learned counsel for petitioner that there is an inordinate delay in lodging the complaint and the alleged eyewitnesses are fabricated, as they did not intervene or tried to rescue the complainant and not lodged any complaint. He contended that even accepting the case of prosecution, it cannot be said that the petitioner had any intention to commit the murder, on the other hand, the injury said to have been caused are on the non vital parts of the body. He contended that, according to prosecution, petitioner stabbed the complainant with a knife, on the other hand, a bat is recovered at his instance. He therefore, contended the entire allegations are false and the petitioner is innocent of the alleged offence and therefore, prayed to enlarge the petitioner on bail by imposing conditions. - 4 - HC-KAR NC: 2025:KHC:32927 CRL.P No. 10584 of 2025 6. Learned Addl. SPP contended that in view of the statement of the complainant, there is a prima-facie case and since the investigation is under progress, petitioner is not entitled for bail. She further contended that petitioner is a rowdy-sheeter, involved in several criminal cases and therefore, if he is released on bail, he may once again commit similar offence and also tamper with the prosecution witnesses. 7. The incident took place on 16.05.2025 at about 09:50-10:00 p.m. The complainant has specifically named the petitioner as the one who came with others and picked up quarrel with him and stabbed on his left hand with a knife. Wound certificate of the complainant shows that on the same night at about 10:43 p.m., he was examined by the doctor at Kempegowda Institute of Medical Sciences Hospital and Research Centre. As per the wound certificate, he has sustained two injuries out of which, injury No.2 is grievous in nature. - 5 - HC-KAR NC: 2025:KHC:32927 CRL.P No. 10584 of 2025 8. Delay in lodging the complaint itself is not a ground at this stage to disbelieve the case of prosecution. It is not disputed that there are 6 more cases registered against the petitioner, which shows that even after he was granted bail in those cases on conditions, he has ventured to commit one more offence. In the facts and circumstances, petitioner is not entitled for bail. Accordingly, Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 34