- 1 - HC-KAR NC: 2025:KHC:46731 CRL.P No. 12471 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12471 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ARIF S/O ZULDAKAR ALL AGED ABOUT 43 YEARS R/AT: 1974/250 2 MAIN, 4TH CROSS, BASHA NAGAR VTC DAVANAGERE-577 001. …PETITIONER (BY SMT. SHIVAMMA D A, ADVOCATE FOR SRI. KRISHNE GOWDA M, ADVOCATE) AND: 1. STATE OF KARNATAKA, STATE BY HEBBAGODI P.S. REPTD. BY STATE PUBLIC PROSECUTOR, PLEADER HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B , ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME No.764/2024 OF HEBBAGODI P.S, AND ON THE FILE OF II ADDITIONAL CIVIL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46731 CRL.P No. 12471 of 2025 JUDGE (JR. DN) AND JMFC AT ANEKAL, BANGALORE RURAL DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 109, 3(5) OF BNS ACT 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 the petitioner -accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.764/2024 of Hebbagodi Police Station registered for offences punishable under Sections 109 and 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner is husband of C.W.3, C.W.1 is brother of C.W.3 and C.W.2 is the son of petitioner and C.W.3. There were family disputes between accused No.1 and his wife -C.W.3. In the alleged incident C.W.1 has sustained injury and it is not grievous injury and he has been discharged from hospital. She further submits that charge sheet has been filed and therefore, the petitioner is - 3 - HC-KAR NC: 2025:KHC:46731 CRL.P No. 12471 of 2025 not required for custodial interrogation. The petitioner is in judicial custody since 05.07.2025. There are no criminal antecedents. With this she prays to allow petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that wound certificate indicate that injured was admitted in the hospital for four days and he had sustained laceration injury to forearm. There is recovery of machete at the instance of this petitioner. FSL report indicates that it is blood stained. With this, she prays for rejection of the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 6. As per case of the prosecution, in the quarrel between petitioner and C.W.3, his wife –C.W.2 came to pacify the quarrel. At that time, this petitioner went to assault him with machete. At that time, C.W.1 came in between, put his hand and sustained injury. The injury sustained is on the hand and it is not a vital part. Whether - 4 - HC-KAR NC: 2025:KHC:46731 CRL.P No. 12471 of 2025 this petitioner had intention to kill the injured and others is a matter of trial. The petitioner is in judicial custody since 05.07.2025 and as charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.764/2024 of Hebbagodi Police Station subject to following conditions; a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Jurisdictional Court. b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. - 5 - HC-KAR NC: 2025:KHC:46731 CRL.P No. 12471 of 2025 c) The petitioner –accused No.1 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. d) The petitioner –accused No.1 shall not involve in commission of any offence, if he found involved in commission of any offence, the prosecution is at liberty to move an application seeking cancellation of his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 3 Sl No.: 54 Ct.sm