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High Court of Karnataka · body

2025 DAILYLAW 79257 (KAR)

SRI SRIRAM v. THE STATE BY

CRL.P/10352/2025 · 2025-07-30

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29482 CRL.P No. 10352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10352 OF 2025 BETWEEN: 1. SRI. SRIRAM S/O LATE SUBBAIAH, AGED ABOUT 44 YEARS, NO.13, 1ST CROSS, 6TH MAIN, 3RD BLOCK, 3RD STAGE, SANEGURAVANAHALLI, BASVESHWARANAGARA, BENGALURU-560 079. 2. SRI. SANDEEP @ POOKU S/O LATE NAGARAJU, AGED ABOUT 29 YRS., R/AT NO.107, 3RD STAGE, 3RD BLOCK, SANEGURAVANAHALLI, BASVESHWARANAGARA, BENGALURU-560 079. …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: THE STATE BY BASAVESHWARA NAGARA POLICE STATION BENGALURU, BENGALURU-560 079. REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29482 CRL.P No. 10352 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION, ENLARGING THE PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME NO.5835/2025, NOW PENDING IN CRIME NO.258/2025 ON THE FILE OF THE XXIV ACJM BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 126(2), 137(2), 352, 351(2), 109(1), 304(2), 190 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners and learned Addl. SPP for the State and perused the material on record. 2. This petition is by accused Nos.3 and 4 praying to enlarge them on bail in Cr.No.258/2025 of Basavshwara Nagar Police Station, Bengaluru City, registered for offences punishable under Section 189(2), 126(2), 137(2), 352, 351(2), 109(1), 304(2), 190 of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:29482 CRL.P No. 10352 of 2025 3. A perusal of the complaint lodged by one Vishodhan S.M., would reveal that on 2.7.2025 at about 8.30 p.m., when he was proceeding on his two wheeler near Flowernce School Ground in Basaveshwaranagar, all of a sudden a boy by name Pavan came in front of his vehicle and a verbal quarrel took place wherein the said boy abused him in filthy language and assaulted him. When he questioned him, the said boy secured two more persons who assaulted the complainant and again in an autorickshaw, 6-7 persons came and abused him in filthy language. One of them who was wearing a iron finger ring assaulted on his head and others also assaulted with hands on his right eye, lips, chest, back etc. Thereafter, they snatched his mobile phone and gold chain and forcefully took him in an autorickshaw and once again assaulted him, damaged is mobile phone and threw his gold chain etc. 4. Learned Addl. SPP has contended that all the accused have mercilessly assaulted the complainant, on - 4 - HC-KAR NC: 2025:KHC:29482 CRL.P No. 10352 of 2025 account of which he has sustained injuries to his head and sutures were put and therefore, the petitioners are not entitled for bail. She further contended that petitioner No.2 is a rowdy sheeter and there are several cases registered against him and the petitioners are habitual offenders and therefore, if they are released on bail they may commit similar offence. 5. It is further contended by the learned Addl. SPP that all the accused have assaulted the complainant on various parts of his body and one of them who was wearing an iron finger ring assaulted on his head, due to which, he sustained injuries to his head. He was taken treatment at Shanbhog Nursing Home. The wound certificate issued by the said hospital is furnished by the State. As per the wound certificate, the complainant has sustained two injuries, which are said to be simple in nature. - 5 - HC-KAR NC: 2025:KHC:29482 CRL.P No. 10352 of 2025 6. Admittedly, there is no previous enmity between the accused and the complainant. The incident started when the boy accidentally came in front of complainant’s vehicle. A quarrel took place between them and it is alleged that thereafter, the boy secured the accused persons and assaulted the complainant. The petitioners who are arraigned as accused Nos.3 and 4 are arrested on 3.7.2025. They are already interrogated and not required for further interrogation. 7. Considering that the injuries sustained by the complainant are simple in nature and there is no life threatening injuries, by imposing necessary conditions, the relief sought by the petitioners can be granted. Hence, the following: ORDER i. Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:29482 CRL.P No. 10352 of 2025 ii. Petitioners/accused Nos.3 and 4 in Cr.No.258/2025 of Basaveshwara Nagar Police Station, Bengaluru City, pending on the file of the Court of XXIV ACJM, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. - 7 - HC-KAR NC: 2025:KHC:29482 CRL.P No. 10352 of 2025 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 45