Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42071 CRL.P No. 13790 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13790 OF 2025 [(439(Cr.PC) / 483(BNSS)]
BETWEEN:
1.
TULASIKANTHA A S/O LATE NARAISMAHAIAH AGE AGBOUT 55 YEARS, WORKING AT JUDICIAL DEPARTMENT PROCESS SERVICE, FAMILY COURT AT BANGALORE R/AT NO.1272, 6TH CROSS, 6TH MAIN ROAD, K N EXTENSION, YESWANTHPURA, BANGALORE - 560 022.
2.
MARUTHI KUMAR B S/O LATE BHEEMAIAH AGE ABOUT 34 YEARS, R/AT MANNE VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 132.
…PETITIONERS (BY SRI. SATHEESH T.V., ADVOCATE) AND:
1.
THE STATE BY THYMAGONDLU POLICE BANGALORE RURAL DISTRICT, REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42071 CRL.P No. 13790 of 2025
THIS CRL.P IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL WHO ARE ACCUSED NOS.1 AND 2 IN CRIME NO.118/2025 IN RESPECT OF THYAMAGONDLU POLICE STATION, BANGALORE RURAL DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1) READ WITH SECTION 3(5) OF BNS, 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 petitioners/accused Nos.1 and 2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.118/2025 of Tyamagondlu Police Station registered for offences punishable under Sections 109(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Heard the learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State.
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HC-KAR NC: 2025:KHC:42071 CRL.P No. 13790 of 2025
3.
Learned counsel for petitioners would contend that, there are no eye witnesses to the incident. The injured has been discharged from the hospital. Petitioner No.1 is having wheezing problem and Petitioner No.2 came along with petitioner No.1 to his village to help him. As the petitioners are in judicial custody since 06.09.2025, they are not required for custodial interrogation. The petitioners are ready to cooperate with the police in further investigation and abide by any terms and conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the injured has sustained four injuries. Out of them, three injuries are grievous injuries. There is a seizure of machete at the instance of accused Nos.1 and 2 who are the petitioners herein. The investigation is in progress and if the petitioners are granted bail, they will hamper the investigation and
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HC-KAR NC: 2025:KHC:42071 CRL.P No. 13790 of 2025
tamper the prosecution witnesses. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. On the complaint of one Sri. Mallikarjuna, a case came to be registered against the petitioners and two others in Crime No.118/2025 at Tyamagondlu Police Station for the aforesaid offences. The petitioners are arrayed as accused Nos.1 and 2 in the FIR. The accusation against the petitioners is that, the petitioners/accused Nos.1 and 2 along with accused Nos.3 and 4 have abused the first informant. Accused No.1 assaulted him with machete on his face, nose and right hand, accused No.2 assaulted him with machete on his hands and legs and accused Nos.3 and 4 assaulted him with machete on his back, body, hands, legs and kicked him and caused bleeding injuries. The wound certificate made available by learned Additional State Public
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HC-KAR NC: 2025:KHC:42071 CRL.P No. 13790 of 2025
Prosecutor would indicate that, the injured has sustained four injuries. Out of them, three injuries are grievous injuries. It is stated that, the injured has been discharged from the hospital. As the petitioners are in judicial custody since 06.09.2025, they are not required for custodial interrogation.
The petitioners have undertaken to cooperate with the police in further investigation and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. The petitioners have made out a case for grant of bail with conditions. In the result, I pass the following:
ORDER This Criminal Petition is allowed. The petitioners/accused No.1 and 2 are granted bail in Crime No.118/2025 of Tyamagondlu Police Station and are ordered to be released on bail, subject to following conditions: i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One
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HC-KAR NC: 2025:KHC:42071 CRL.P No. 13790 of 2025
Lakh only) each with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioners shall cooperate with the Police in investigation. iii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. iv) The petitioners shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 5