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2025 DAILYLAW 80285 (KAR)

NANDA KUMAR S C v. STATE OF KARNATAKA

CRL.P/15971/2025 · 2025-12-17

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53807 CRL.P No. 15971 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15971 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: NANDA KUMAR S.C S/O CHENNEGOWDA, AGE ABOUT 28 YEARS, R/AT S. SOMANAHALLI VILLAGE, AREHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 115. …PETITIONER (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. PRAKASHA K.V, ADVOCATE) AND: STATE OF KARNATAKA BY BELUR POLICE STATION BANGALORE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. B. PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE PETITONER ON BAIL IN CR.NO.241/2025 REGISTERED BY BELUR POLICE, HASSAN DISTRICT, FOR THE OFFENCES P/U/S 78(2), 75(2), 74, 118(1), 352 OF BNS, 2023, PENDING ON THE FILE OF HONBLE PRL CIVIL JUDGE (SR.DN) AND CJM COURT, BELUR, HASSAN DISTRICT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53807 CRL.P No. 15971 of 2025 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 sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') praying to grant bail in Crime No.241/2025 of Belur Police Station registered for the offences punishable under Sections 78(2), 75(2), 74, 118(1), 352 of BNS, 2023. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. 3. Learned counsel for the petitioner would contend that there was financial transaction between the petitioner and husband of the complainant and in that regard, quarrel has been taken place and at that time, husband of the complainant has assaulted the petitioner - 3 - HC-KAR NC: 2025:KHC:53807 CRL.P No. 15971 of 2025 and the petitioner has sustained injuries, for which, the petitioner has taken treatment in the Government Hospital at 4:45 p.m. The complaint of the petitioner has not been received by the Police. As there was financial transaction between the petitioner and husband of the complainant, complainant has filed false complaint against the petitioner and the complainant has sustained only simple injury. The petitioner is in judicial custody since 27.10.2025 and therefore, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that the statement of the victim lady has been recorded under Section 183 of BNSS, wherein she has specifically stated the acts of the petitioner outraging her modesty. The matter is still under investigation. If the petitioner is granted bail, there are chances of him hampering the investigation and - 4 - HC-KAR NC: 2025:KHC:53807 CRL.P No. 15971 of 2025 threatening the complainant and other two eye-witnesses. With this, she prayed for rejection of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record. 6. The accusation against the petitioner as averred in the complaint is that he was following the complainant and making signals and asking her to come for sleep with him and when the complainant has refused, the petitioner held her from behind and touched her private parts and when she screamed, the petitioner took club and assaulted on her shoulder. At that time, the husband of the complainant came there and took the petitioner to the Police Station. The complainant has sustained only simple injury. The petitioner is in judicial custody since 27.10.2025 and as major portion of the investigation is over, he is not required for further custodial interrogation. The offences alleged against the petitioner are not - 5 - HC-KAR NC: 2025:KHC:53807 CRL.P No. 15971 of 2025 punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.241/2025 of Belur Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the trial Court. ii) The petitioner shall not threaten the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:53807 CRL.P No. 15971 of 2025 iv) The petitioner shall not involve in commission of any offence. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE SMJ List No.: 1 Sl No.: 12