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2025 DAILYLAW 75521 (KAR)

YOGESH v. THE STATE OF KARNATAKA

CRL.P/13219/2025 · 2025-10-16

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41236 CRL.P No. 13219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13219 OF 2025 (439(Cr.PC)/ 483(BNSS) BETWEEN: 1. YOGESH S/O RAMAPPA, AGED ABOUT 50 YEARS, 2. PRAKASH S/O HALAPPA, AGED ABOUT 57 YEARS, 3. MADHU S/O MALLESHAPPA, AGED ABOUT 38 YEARS, ALL ARE RESIDING AT SHETTIHALLI VILLAGE, KADUR TALUK - 577138 (CURRENTLY IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI. JAYAKUMAR S.PATIL, SR.COUNSEL FOR SRI. VARUN JAYKUMAR PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PANCHANAHALLI PS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41236 CRL.P No. 13219 of 2025 CHIKKAMAGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SMT.PUSHPALATHA.B., ADDL.SPP) THIS CRIMINAL PETITION FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS COURT MAY BE PLEASED TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.52/2025 REGISTERED AT PANCHANAHALLI P.S., CHIKKAMAGALURU DISTRICT, PENDING ON THE FILE OF 2nd ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 329(3),352,118(1),115(2),109,351(2),54 R/W 3(5) OF BNS. 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 accused Nos.1 to 3 under Section 483 of BNSS praying to grant bail in Crime No.52/2025 of Panchanahalli Police Station, Chikamagalur registered for offences under Section 329(3), 352, 118(1), 115(2), 109, 351(2), 54, read with Section 3(5) of BNS. - 3 - HC-KAR NC: 2025:KHC:41236 CRL.P No. 13219 of 2025 2. Heard learned Senior counsel for the petitioner and learned Additional SPP for respondent/State. 3. Learned Senior counsel for petitioner contends that there is a civil dispute between the petitioners and the first informant. The allegation against the petitioners is that they assaulted first informant with club and knife and caused injury. The wound certificate indicates that first informant has sustained 3 simple injuries. The remand application indicates that the petitioners are not required for any further investigation. Petitioners are ready to co- operate with the police in further investigation, if any, and abide by terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that petitioners had a common intention and they assaulted first informant with club and knife and caused injury. The wound certificate indicates that first informant has sustained three injuries and they are stated to be simple injuries and fresh in nature. Investigation is in - 4 - HC-KAR NC: 2025:KHC:41236 CRL.P No. 13219 of 2025 progress. If the petitioners are granted bail, there are chances of them again threatening the first informant and repeating similar offence. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsels, this Court has perused the FIR, complaint and and other materials placed on record. 6. As per averments of the first information, there is a suit pending between the first informant and the petitioners with regard to a agricultural land and it has been decided in favour of the complainant. The alleged incident has taken place on 17.08.2025 and there was a quarrel between the petitioners and first informant. The first informant has sustained three injuries in the said quarrel as the petitioners said to have assaulted him with club and knife. This wound certificate indicates that three injuries sustained by the first informant are simple in nature. Petitioners are in judicial custody since 18.08.2025 and therefore, they are not required for further custodial - 5 - HC-KAR NC: 2025:KHC:41236 CRL.P No. 13219 of 2025 interrogation. The offences alleged against the petitioners are not punishable with death or imprisonment for life. Petitioners have undertaken to abide by conditions to be imposed by this Court. Petitioners have made out a case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. Petitioners are granted bail in Crime No. 52/2025 of Panchanahalli Police Station, Chikmagaluru subject to following conditions: (i) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with one surety for the like-sum to the satisfaction of the jurisdictional Court. (ii) Petitioners shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:41236 CRL.P No. 13219 of 2025 (iii) Petitioners shall co-operate with the Investigating Officer in further investigation. (iv) Petitioners shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 11