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2025 DAILYLAW 87156 (KAR)

SRI SURESH NAIK v. THE STATE BY

CRL.P/16182/2025 · 2025-12-17

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53808 CRL.P No. 16182 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. 16182 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI SURESH NAIK S/O SOMLANAIK, AGED ABOUT 43 YEARS, RESIDING AT, NO. 117, NALLINAKOPPA VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA - 577 427. …PETITIONER (BY SRI. ANANTH PRASAD NADIG N.M, ADVOCATE FOR SRI. PRASHANTH D, ADVOCATE) AND: THE STATE BY SHIKARIPURA RURAL POLICE STATION, SHIVAMOGGA REP. BY SPP, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN CR NO.305/2025 REGISTERED BY SHIKARIPURA RURAL POLICE STATION BEFORE THE PRL.CIVIL JUDGE AND JMFC AT SHIKARIPURA BY GRANTING BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53808 CRL.P No. 16182 of 2025 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.305/2025 of Shikaripura Rural Police Station registered for the offences punishable under Sections 126(2), 352, 118(1), 115(2), 109 of BNS, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. 3. Learned counsel for the petitioner would contend that there was enmity between the petitioner and one Surendra Kumar. The complainant was working under Surendra Kumar and at his instructions, the complainant tried to assault the petitioner and at that time, the petitioner assaulted the complainant. The complainant has sustained simple injuries. The alleged assault is made - 3 - HC-KAR NC: 2025:KHC:53808 CRL.P No. 16182 of 2025 by scooter key and it is not a weapon. The petitioner is in judicial custody since 21.10.2025 and as charge sheet is filed, he is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that investigation is over and charge sheet has been filed against the petitioner. The complainant has sustained two simple injuries. The petitioner is having criminal antecedents and he is involved in three more cases. With this, he 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 case of the prosecution is that as the petitioner is having dispute with Surendra Kumar under whom, the complainant is working, the petitioner quarreled with him and assaulted him with scooter key - 4 - HC-KAR NC: 2025:KHC:53808 CRL.P No. 16182 of 2025 and kicked him on his private part and attempted to commit his murder. 7. The wound certificate of the complainant would indicate that he has sustained two simple injuries. Investigation is over and charge sheet has been filed. The petitioner is in judicial custody from 21.10.2025 and as charge sheet is filed, he is not required for further custodial interrogation. The petitioner has undertaken to appear before the trial Court and cooperate for speedy disposal of the case. 8. 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.305/2025 of Shikaripura Rural Police Station, subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:53808 CRL.P No. 16182 of 2025 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 Jurisdictional 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. 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.: 14