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2025 DAILYLAW 80973 (KAR)

RAJASHEKAR S v. STATE BY PAVAGADA POLICE

CRL.P/10709/2025 · 2025-08-14

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31623 CRL.P No. 10709 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10709 OF 2025 BETWEEN: 1. RAJASHEKAR S. S/O SANJANNA C., AGED ABOUT 33 YEARS, R/AT 7TH WARD, RAIN GAUGE EXTENSION, PAVAGADA TOWN, TUMAKURU DISTRICT-561 202. 2. MOHAN S/O RAJANNA, AGED ABOUT 32 YEARS, R/OF HALE KUMBARA BEEDI, PAVAGADA TOWN, TUMAKURU DISTRICT-561 202. …PETITIONERS (BY SRI. MANJUNATH B.R., ADVOCATE) AND: STATE BY PAVAGADA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31623 CRL.P No. 10709 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.140/2025 ON PAVAGADA POLICE STATION REGISTERED FOR THE OFFENCE U/S 115(2), 109, 352 R/W 3(5) OF BNS, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC AT PAVAGADA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioners are arrested in connection with a case registered in Crime No.140/2025 of Pavagada Police Station, for the offence punishable under Section 109, 115(2), 352 r/w 3(5) of BNS, 2023. 3. This petition is preferred under Section 483 of BNSS, 2023, to enlarge the petitioners on bail. 4. FIR is registered on a complaint lodged by one Sagar against the petitioners in respect of an incident which took place at about 10.50 p.m., on 25.06.2025 in - 3 - HC-KAR NC: 2025:KHC:31623 CRL.P No. 10709 of 2025 one Reddy Royal Restaurant, Pavagada Town, Tumakuru. The complaint is lodged on 26.06.2025 at about 6.15 p.m. 5. A perusal of the complaint averments goes to show that the complainant is the owner of Reddy Royal Restaurant, situated near Union Bank, Pavagada Town. On 25.06.2025, the petitioners and the victim by name Vinay and one Shrikanth came to the hotel for dinner, during that time they fought with each other. Petitioners herein are alleged to have assaulted Vinay with a sprite bottle on his head and stabbed with a knife on his left elbow. 6. It appears that the petitioners and the victim are all friends and they went to the hotel for having dinner and at that time some verbal quarrel took place which resulted in petitioners assaulting Vinay with a sprite bottle and knife. From the complaint averment itself it can be seen that even the petitioners have sustained certain injuries. - 4 - HC-KAR NC: 2025:KHC:31623 CRL.P No. 10709 of 2025 7. It is contended by the learned High Court Government Pleader that the injuries sustained by the victim Vinay are grievous in nature and therefore, the petitioners are not entitled for bail. Further contended that after the arrest of the petitioners, knife and broken sprite bottle have been recovered from them. 8. From the material on record, it cannot be said at this stage that there was an intention on the part of the petitioners to do away with the life of the injured. Even the petitioners have sustained certain injuries, though the injuries are simple in nature. Petitioners have no criminal antecedents. They are arrested on 27.06.2025 and interrogated. They are not required for further interrogation. Hence by imposing conditions, petitioners can be enlarged on bail. Accordingly, the following: ORDER i. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:31623 CRL.P No. 10709 of 2025 ii. Petitioners/accused Nos.1 and 2 in Crime No.140/2025 of Pavagada Police Station, Tumakuru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond in 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. 5. They shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 46