- 1 - HC-KAR NC: 2025:KHC:36806 CRL.P No. 12551 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12551 OF 2024 BETWEEN: SRI. NAGESH S., S/O SHESHA SHETTY, AGED ABOUT 39 YEARS, R/AT NO.9, 15TH MAIN ROAD, SUNKADAKATTE, BENGALURU-560 091. …PETITIONER (BY SRI. PANDURANGA G., ADVOCATE) AND: THE STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.387/2024 OF KAMAKSHIPALYA POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 3(5) OF THE BNS, PENDING ON THE FILE OF THE HON'BLE XXIV ADDL. CHIEF JUDICIAL MAGISTRATE. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36806 CRL.P No. 12551 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking anticipatory bail in Crime No.387/2024 of Kamakshipalya Police Station, registered for the offence punishable under Sections 109, 3(5) of BNS, 2023. 2. The aforementioned case is registered on the basis of a complaint lodged by Varalakshmi, wife of Kumar, against accused Nos.1 and 2 and others. Petitioner is arraigned as accused No.2 in the FIR. 3. Charge sheet is filed against accused Nos. 1 to 7 for the offence punishable under Section 189(2), 191(2), 191(3), 109 read with 190 of BNS, 2023. 4. Material on record reveals that in respect of an incident which took place about 7 years prior, wherein accused No. 1 had assaulted the complainant's husband, a - 3 - HC-KAR NC: 2025:KHC:36806 CRL.P No. 12551 of 2024 case was registered at Huliyurdurga Police Station against the said accused. There was one more case registered against complainant's son - Abhishek Gowda, i.e. the injured in the present case, for assaulting accused Nos.1, 2 and others. The said case was registered at Rajagopalnagar Police Station. It is alleged that on 04.09.2024 when Abhishek Gowda was standing in front of his house, accused Nos. 1, 2 and others stabbed him with a knife on his right hand and in that connection, he lodged a complaint at Kamakshipalya Police Station against the said accused. 5. Insofar as the present case is concerned, it is alleged that on 05.09.2024 at about 09.30 p.m. when the complainant and her son - Abhishek Gowda and one Babanna were in their house, accused No.1-Lokesha, accused No.2 Nagesha and others came armed with a chopper and assaulted complainant's son - Abhishek Gowda and caused injuries to his neck, shoulder, left hand etc. - 4 - HC-KAR NC: 2025:KHC:36806 CRL.P No. 12551 of 2024 6. The statement of injured Abhishek Gowda has been recorded. He has stated that when he was in the house, accused came and assaulted him with a chopper and inflicted injuries to him. As per wound certificate, he has sustained 3 injuries, out of which injury No.1, Chop wound measuring 8cm x 3 cm x bone deep present over lower part of left forearm with underlying ulnar bone cut fracture over left forearm with active bleeding, is mentioned as grievous injury. 7. It is the contention of the learned counsel for petitioner that on account of the previous enmity and the cases registered against each other, petitioner has been falsely implicated in the case. 8. Learned HCGP contended that in view of statement of the injured, there is a prima-facie case against the petitioner and the injury caused to the victim being grievous in nature, petitioner is not entitled for bail. - 5 - HC-KAR NC: 2025:KHC:36806 CRL.P No. 12551 of 2024 9. As per FIR, accused No.1 was holding a chopper at the time of incident. Victim has not specifically stated that petitioner was armed or he has assaulted him. He has made omnibus allegations. It is submitted that other accused are enlarged on bail by the Sessions Court. In the facts and circumstances, custodial interrogation of the petitioner may not be required. Hence, by imposing suitable conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.2 in Crime No.387/2024 registered by Kamakshipalya Police Station, is ordered to be released, in the event of his arrest, subject to following conditions: a) He shall appear before the jurisdictional Court within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty - 6 - HC-KAR NC: 2025:KHC:36806 CRL.P No. 12551 of 2024 Thousand only) with two sureties for the likesum to the satisfaction of the Court. b) He shall appear before the Investigating Officer within one week thereafter and cooperate with the further investigation, if any. c) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall not indulge himself in committing any offence. f) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 26