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2025 DAILYLAW 72511 (KAR)

SRI DHANUSH v. THE STATE OF KARNATAKA

CRL.P/10777/2025 · 2025-08-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31781 CRL.P No. 10777 of 2025 C/W CRL.P No. 10762 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10777 OF 2025 C/W CRIMINAL PETITION NO. 10762 OF 2025 IN CRL.P No. 10777/2025 BETWEEN: SRI DHANUSH S/O RAGHURAMA AGED ABOUT 20 YEARS, R/AT NO.16/65, BAJAPPA ROAD KOGILU ROAD, OPP. PETROL BUNK, MARUTHINAGAR, YELAHANKA, BANGALORE - 560064. …PETITIONER (BY SRI. RAJATH., ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF YELAHANKA P.S. REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SRI.K NAGESHWARAPPA., HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS AN ORDER TO ENLARGE THE PETITIONER WHO HAS BEEN ARRAYED AS ACCUSED NO.4 ON ANTICIPATORY BAIL IN CR.NO.230/2025 REGISTERED BY THE YELAHANKA P.S., FOR THE OFFENCES P/U/S 109(1),118(1),3(5),352 OF BNS, PENDING ON THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31781 CRL.P No. 10777 of 2025 C/W CRL.P No. 10762 of 2025 FILE OF 7th ACMM COURT, NRUPATUNGA ROAD, BENGALURU CITY AND ETC. IN CRL.P NO. 10762/2025 BETWEEN: BHANUPRASAD S/O SRINIVAS, AGED ABOUT 19 YEARS, R/AT C/O RAVINDRA LIND MAIN, NEAR OLD GNANABHARATHI SCHOOL, KAMAKSHAMMA LAYOUT, YELAHANAKA, BENGALURU-560064 . ..PETITIONER (BY SRI. RAJATH., ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF YELAHANKA P.S. REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001 ...RESPONDENT (BY SRI. K NAGESHWARAPPA., ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS PRAYING TO PASS AN ORDER ENLARGING THE PETITIONER WHO HAS BEEN ARRAYED AS ACCUSED NO.7 ON BAIL IN CR.NO.230/2025 REGISTERED BY THE YELAHANKA P.S., FOR THE OFFENCES P/U/S 109(1),118(1),3(5),352 OF BNS, PENDING ON THE FILE OF 7th ACMM COURT, BENGALURU AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:31781 CRL.P No. 10777 of 2025 C/W CRL.P No. 10762 of 2025 ORAL ORDER Heard both sides and perused material on record. 2. Both these petitions arise out of Crime No.230/2025 of Yelahanka Sub-Division Police Station registered for the offence punishable under Section 109(1), 118(1), 3(5) and 352 of BNS, 2023. 3. Criminal Petition No.10777/2025 is preferred by accused No.4 seeking anticipatory bail. 4. Criminal Petition No.10762/2025 is preferred by accused No.7 seeking regular bail. 5. The complainant averments would disclose that the complainant Munikrishna s/o Krishnappa is working as a driver of a T.T. vehicle. On 26.06.2025 at about 02.30 p.m., he had parked his vehicle near Venkatachala Canadian School for washing. It is alleged that the accused came in a car and a two wheeler, picked up quarrel with him taking objection for parking his vehicle. They demanded that the vehicle should be removed from the - 4 - HC-KAR NC: 2025:KHC:31781 CRL.P No. 10777 of 2025 C/W CRL.P No. 10762 of 2025 said place and assaulted on his head with rod, wooden stick etc., 6. The injured/complainant was admitted at Government Hospital, Yelahanka, wherein he took treatment for the injuries sustained by him. The wound certificate would show that he has sustained four injuries, which are stated to be simple in nature. 7. The FIR is registered against three named accused. Petitioners are not named in the FIR. The specific allegation of assaulting the complainant with a wooden stick and rod is attributed against the accused, named in the FIR. It is alleged that others have also assaulted him, which statement is omnibus in nature. In the remand application, petitioners are arraigned as accused Nos. 4 and 7 respectively. This Court has enlarged accused No.5 on bail in Criminal Petition No.10757/2025, vide order dated 01.08.2025. No criminal antecedents against the petitioners have been brought to the notice of the Court. - 5 - HC-KAR NC: 2025:KHC:31781 CRL.P No. 10777 of 2025 C/W CRL.P No. 10762 of 2025 Hence, by imposing appropriate conditions, relief sought in the respective petitions can be granted. Accordingly, the following: ORDER Petitions are allowed. Petitioner/accused No.4 in Criminal Petition 10777/2025 shall be released in the event of his arrest in Crime No.230/2025 of Yelahanka Sub-Division Police Station subject to the following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of `50,000/- (Rupees fifty thousand only) with a surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. - 6 - HC-KAR NC: 2025:KHC:31781 CRL.P No. 10777 of 2025 C/W CRL.P No. 10762 of 2025 c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Petitioner/accused No.7 in Criminal Petition No.10762/2025 shall be enlarged on bail in Crime No.230/2025 of Yelahanka Police Station subject to following conditions: a) He shall execute a personal bond for a sum of `50,000/- (fifty thousand only) with a surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address/contact number and shall inform the Court, if there is change in the address/contact number. c) He shall not tamper with the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2025:KHC:31781 CRL.P No. 10777 of 2025 C/W CRL.P No. 10762 of 2025 d) He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BS List No.: 1 Sl No.: 62