Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27104 CRL.P No. 9740 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9740 OF 2025 BETWEEN:
SRI SHIVA S/O LATE RAMU AGED ABOUT 31 YEARS R/AT BEHIND ESHWARA TEMPLE, KALKERE VILLAGE SAKALVARA POST, JIGANI HOBLI ANEKAL TALUK, BENGALURU - 560 645. …PETITIONER (BY SRI SUNIL KUMAR B.N, ADV.) AND:
THE STATE OF KARNATAKA BY BANNERGHATTA POLICE STATION BENGALURU CITY, REP BY S.P.P HIGH COURT BUILDING COMPLEX AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER, PENDING ON THE FILE OF THE 3rd ADDL. CIVIL JUDGE AND JMFC ANEKAL BENGALURU RURAL AT BENGALURU RURAL, IN CRIME NO.140/2025 THE ALLEGED OFFENCE P/US/ 109(1),351(2),351(3),352 OF BNS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27104 CRL.P No. 9740 of 2025
ORAL ORDER
Accused No.2 in Crime No.140/2025 registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 109(1), 351(2), 351(3) & 352 of BNS, 2023 is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.140/2025 was registered by Bannerghatta Police Station, Bengaluru District for the aforesaid offences against one Appu, on the basis of first information dated 26.05.2025 received from Smt Bhuvaneshwari, who is the wife of the injured victim Vinay. During the course of investigation, the petitioner herein was arrested on 27.05.2025 and subsequently remanded to judicial custody.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in
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HC-KAR NC: 2025:KHC:27104 CRL.P No. 9740 of 2025
Crl.Misc.No.5267/2025 was dismissed on 30.06.2025. Therefore, he is before this Court.
5. Perusal of the material on record would go to show that, in the first information there is no allegation against the petitioner and the allegation is only as against accused No.1, who is arrested in the present case is said to be in judicial custody. Investigation of the case is completed and charge sheet has been filed. As per charge sheet allegation, the petitioner is the person, who had handed over knife to accused No.1 for the purpose of assaulting the victim. The allegation of assaulting the injured victim with a knife is only as against accused No.1. Undisputedly, the petitioner has no other criminal antecedents.
6. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
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HC-KAR NC: 2025:KHC:27104 CRL.P No. 9740 of 2025
7. Accordingly, the following:
ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.140/2025 registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 109(1), 351(2), 351(3) & 352 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
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HC-KAR NC: 2025:KHC:27104 CRL.P No. 9740 of 2025
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS