- 1 - HC-KAR NC: 2025:KHC:46072 CRL.P No. 12855 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12855 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. JACOB @ RAHUL S/O G PRAKASH @ AJJI AGED ABOUT 21 YEARS R/AT LOURDHU NAGAR ANDERSONPET POST KGF – 563 113. 2. KRISHNA KUMAR S/O LATE ANANDRAJ AGED ABOUT 18 YEARS R/AT #2, 2ND BLOCK ANDERSONPET POST KGF – 563 113. …PETITIONERS (BY SRI JACKIE MINISHA S, AND SHIVA MURUGAN V, ADVOCATES) AND: 1. STATE BY REPRESENTED BY S.P.P HIGH COURT BUILDING BANGALORE – 560 009. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.No.73/2025 REGISTERED BY ANDERSON P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46072 CRL.P No. 12855 of 2025 351(3),109,352,351(2),3(5) OF BNS, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT K.G.F. 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 and 2 under Section 483 of BNSS praying to grant bail in Crime No.73/2025 of Andersonpet Police Station registered for offences under Section 115(2), 118(1), 3(5), 118(2), 351(3), 351(2), 352 of BNS. 2. Heard learned counsel for petitioners and learned HCGP for respondent/State. 3. Learned counsel for petitioners would contend that the petitioners are in judicial custody since 13.07.2025 and as the charge sheet is filed they are not required for custodial interrogation. The injured has sustained only one injury and it is stated to be simple injury. The injured is a rowdy sheeter and the petitioners are labourers. He - 3 - HC-KAR NC: 2025:KHC:46072 CRL.P No. 12855 of 2025 placing reliance on a decision of Bombay High Court has contended that custody for an indefinite period violates fundamental rights. With these he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the weapon used is a iron knife to assault the injured, the wound certificate indicates that injury has been sustained on the head which is vital part. CW.2 is an eye witness to the incident. The offences alleged against the petitioners are punishable with death or imprisonment for life. The petitioners are having criminal antecedents and involved in five crimes. As the petitioners are having criminal antecedents, if they are granted bail, there are chances of they threatening the prosecution witnesses and committing similar offence. With these she prayed for rejection of the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:46072 CRL.P No. 12855 of 2025 6. As per charge sheet, the case of the prosecution is that when CW1/injured was purchasing cigarette, accused Nos.1 and 2 came there and accused No.1 touched his shoulder to CW1 and when CW1 questioned the same, at that time accused No.1 abused him in filthy words in Tamil language and at that time accused No.2 took accused No.1 and went away. Thereafter at 09.10 p.m. accused Nos.1 and 2 again came near CW1 and accused No.1 again abused in filthy words in Tamil language and took a knife kept in his waist and assaulted CW1 on his head stating that he will kill him and at that time CW1 held the hands of accused No.1 and accused No.2 abused CW1 in filthy words and took a size stone and assaulted on the neck of CW1 and thereafter went away from the spot. 7. On perusal of charge sheet, CW2 is eye witness to the incident. In the order passed by the Sessions Court, there is mention that the petitioners/accused Nos.1 and 2 are involved in Crime No. 30/2024, 58/2024, 45/ 2024, 21/2025 of Oorgaum Police Station and Crime - 5 - HC-KAR NC: 2025:KHC:46072 CRL.P No. 12855 of 2025 No.104/2024 of Andersonpet Police Station. The offences alleged against the petitioners in the said crimes are under Section 307 of IPC, Section 109, 309(4) and 60 of BNS. In the said order, there is also mention that rowdy sheet has been opened against petitioners/accused Nos.1 and 2. Considering the said aspect, if the petitioners are granted bail, there are chances of they threatening the prosecution witnesses committing similar offences and flee from justice. Considering the above aspects, the petitioners have not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB Ct.sm