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2025 DAILYLAW 80272 (KAR)

SHARATH. B. v. STATE OF KARNATAKA

CRL.P/14516/2025 · 2025-11-14

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46566 CRL.P No. 14516 of 2025 C/W CRL.P No. 13686 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14516 OF 2025 [(439(Cr.PC) / 483(BNSS)] C/W CRIMINAL PETITION NO. 13686 OF 2025 IN CRL.P No. 14516/2025 BETWEEN: 1. SHARATH. B.S/O BETTASWAMY, AGED ABOUT 20 YEARS, R/AT NO.308, JAYANAGAR 1ST CROSS, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT- 562 123. …PETITIONER (BY SRI. SRIKANTH NV.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA POLICE STATION, NELAMANGALA SUB-DIVISION, BANGALORE RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. B. PUSHPALATHA, ADDITIONAL SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46566 CRL.P No. 14516 of 2025 C/W CRL.P No. 13686 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PRESENT PETITION BY GRANTING REGULAR BAIL IN CONNECTION WITH CR.NO.281/2025 FILED BY RESPONDENT NELAMANGALA P.S. POLICE IN WHICH THE PETITIONER HAS BEEN ARRESTED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109(1), 115(2), 118(1), 351(2), 190 OF BNSS ACT 2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS, NELAMANGALA REGISTERED BY NELAMANGALA POLICE STATION. IN CRL.P NO. 13686/2025 BETWEEN: 1. SRI PAVAN KUMAR R S/O. RAMAIAH, AGED ABOUT 28 YEARS, R/AT NEAR THE BACK GATE OF SHRINIDHI LAYOUT, PARAMANNA LAYOUT, BEHIND THE NELAMANGALA BUS STOP, NELAMANGALA TOWN, BENGALURU RURAL -560 087. ...PETITIONER (BY SRI. SHRIDEVI BHOSALE MARUTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION, BENGALURU RURAL DISTRICT, BENGALURU - 562 102. REP.BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. ...RESPONDENT - 3 - HC-KAR NC: 2025:KHC:46566 CRL.P No. 14516 of 2025 C/W CRL.P No. 13686 of 2025 (BY SMT.B. PUSHPALATHA, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND RELESE THE PETITIONER WHO ARRAYED AS ACCUSED nO.5 ON BAIL IN CRIME NO.281/2025 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFNCES PUNISHABLE UNDER SECTIONS 109(1), 115(2), 118(1), 351(2), 352 AND 190 OF BNSS ACT 2023. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P No.14516/2025 is filed by accused No.7 and Crl. P No. 13686/2025 is filed by accused No.5. Both the petitions are filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in a Crime No.281/2025 of Nelamangala Rural Police Station registered for the offences punishable under Sections 109(1), 115(2) 118(1), 351(2), 352 and 190 of Bharatiya Nyaya Sanhita, 2023. - 4 - HC-KAR NC: 2025:KHC:46566 CRL.P No. 14516 of 2025 C/W CRL.P No. 13686 of 2025 2. Heard the learned counsels appearing for both the petitioners and the learned Additional State Public Prosecutor for the respondent/state. 3. Both the learned counsels for the petitioners would contend that, accused Nos.2 and 8, who are similarly placed to that of these petitioners/accused Nos.5 and 7, have been granted bail by this Court in Crl. P No.12464/2025 and Crl.P Nos.14261/2025 (Bail and Anticipatory Bail). Both the learned counsel submit that, there is no serious overt act alleged against the petitioners, the serious overt act is alleged against accused No.1 assaulting the injured. The petitioners have undertaken to co-operate with the police in the investigation. With this, they have prayed to allow the petitions. 4. Per contra, the learned Additional High Court Government Pleader for the respondent/State would contend that, investigation is in progress. If the petitioners - 5 - HC-KAR NC: 2025:KHC:46566 CRL.P No. 14516 of 2025 C/W CRL.P No. 13686 of 2025 are granted bail, they will hamper the investigation and tamper the prosecution witnesses. With this, she prayed for rejection of the petitions. 5. Having heard the learned counsels appearing for the parties, this Court has perused the complaint and other materials placed on record. 6. A perusal of the complaint filed by one Girish indicates that, accused No.1 assaulted the complainant with a knife on his chest and back and also assaulted other two persons, who came with complainant. There is no serious overt act alleged against the petitioners/accused Nos.5 and 7. Accused No.2, who is similarly placed to that of these petitioners, has been granted bail by this Court. 7. Considering the above aspects, the petitioners/accused Nos.5 and 7 have made out a case for grant of bail with conditions. In the result, the following: - 6 - HC-KAR NC: 2025:KHC:46566 CRL.P No. 14516 of 2025 C/W CRL.P No. 13686 of 2025 ORDER i) Both the petitions are allowed. ii) The petitioners/accused Nos.5 and 7 are granted bail in Crime No.281 of 2025 of Nelamangala Rural Police Station registered for the offences punishable under Sections 109(1), 115(2) 118(1), 351(2), 352 and 190 of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. a) The petitioners/accused Nos.5 and 7 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioners/accused Nos.5 and 7 shall co-operate with the police in the investigation. c) The petitioners/accused Nos.5 and 7 shall not tamper the prosecution witnesses. d) The petitioners/accused Nos.5 and 7 shall appear before the Trial Court on all dates - 7 - HC-KAR NC: 2025:KHC:46566 CRL.P No. 14516 of 2025 C/W CRL.P No. 13686 of 2025 of hearing, unless exempted and co- operate for speedy disposal of their cases. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 3