- 1 - HC-KAR NC: 2025:KHC:46866 CRL.P No. 11073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11073 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KARUNESHA ALIAS KANNU S/O SHIVALINGAIAH, AGED ABOUT 28 YEARS, R/AT MALAGALU VILLAGE, KANAKAPURA TOWN, RAMANAGARA - 562 160. …PETITIONER (BY SRI ANAND GANESH M, ADVOCATE FOR SMT.USHADEVI K G., ADVOCATE) AND: 1. STATE OF KARNATAKA KAGGALIPURA P.S, BENGALURU RURAL DISTRICT. REPTD. BY HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.B PUSHPALATHA, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.255/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 132, 121(1), 109(1), 262, AND 3(5) OF THE BNS 2023 AND SECTION 27 OF THE INDIAN ARMS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46866 CRL.P No. 11073 of 2025 AC, 1959 ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AND DIRECT THE THE KAGGALIPURA POLICES TO RELEASE THE PETITIONER ON BAIL. 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 No.1 under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023 praying to grant bail in Crime No.255/2024 of Kaggalipura Police Station registered for the offences punishable under Sections 132, 121(1), 109(1), 262 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Indian Arms Act, 1959 pending in SC No.312/2024 on the file of the learned VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent/State. - 3 - HC-KAR NC: 2025:KHC:46866 CRL.P No. 11073 of 2025 3. The learned counsel for the petitioner would contend that, accused No.2, who is similarly placed to that of this petitioner/accused No.1, has been granted bail by this Court in Crl.P No.3656/2025 by order dated 08.04.2025. The allegations against the petitioner/accused No.1 and the allegations against accused No.2, who has been granted bail, are the same. Both the accused persons are having criminal antecedents, and they have been granted bail in those cases. The learned counsel for petitioner submits that, due to the gunshot injury on his leg, he is unable to walk, he requires medical treatment and management at a higher centre. With this, he prayed to allow the petition. 4. Per contra, the Additional State Public Prosecutor would contend that, the petitioner is having criminal antecedent, and there are six cases registered against him. The petitioner and another accused had tried to assault the police staff with deadly weapons, and when - 4 - HC-KAR NC: 2025:KHC:46866 CRL.P No. 11073 of 2025 an attempt was made to apprehend them. Accordingly, she prayed to dismiss the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. This Court while granting bail to accused No.2 in Crl. P No.3656 of 2025 by order dated 08.04.2025 has observed thus: "7. Perusal of the material on record would go to show that accused Nos.1 and 2 in the present case allegedly are also accused in Crime No.112/2024 registered by Kaggalipura Police Station, Ramanagara and in the said case they were absconding. On 28.07.2024, the police squad, who were in search of accused in Crime No.112/2024, found accused Nos.1 and 2 walking on the road near Valley School within the jurisdiction of Kaggalipura Police Station, Ramanagara and when an attempt was made to apprehend them, they not only tried to escape but all of a sudden took out a deadly weapon and assaulted the police who tried to apprehend them. It is alleged that as a result of the assault made by the accused, C.W-3 - Shivashankar L and C.W-4 - Sanna Rajashekarappa Kavadimatti had suffered injuries and therefore in retaliation, the police had fired from their service pistol on - 5 - HC-KAR NC: 2025:KHC:46866 CRL.P No. 11073 of 2025 the leg of accused persons. Wound certificate of C.W-3 and C.W-4 would go to show that they have suffered simple injuries in the incident in question. 8. Medical report of the petitioner, which is produced by the learned counsel for the petitioner along with memo dated 08.04.2025 would reflect that as a result of gunshot injury, petitioner has suffered a Left Distal Femur fracture and Left Popliteal Artery Injury. Medical report of the petitioner would go to show that he has been undergoing regular treatment for the aforesaid injuries in a specialized hospital at Bengaluru and the Chief Medical Officer of the Central Prison Hospital has opined that petitioner is on wheel chair facing difficulty to perform his daily routine activities and he requires regular treatment and management at a higher center. Investigation of the case is completed and charge sheet has been filed against accused Nos.1 and 2. In all the other criminal cases which were earlier registered against the petitioner, he is said to have been enlarged on bail. Considering the nature of injuries suffered by the victim's in the present case and also taking into consideration the medical condition of the petitioner, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively." 7. The petitioner/accused No.1 is also similarly placed to that of accused No.2, who has already been granted bail. The overt act alleged against the petitioner, - 6 - HC-KAR NC: 2025:KHC:46866 CRL.P No. 11073 of 2025 and the accused No.2 are also same. Both the accused persons are having criminal antecedents. 8 Considering the above aspect, the petitioner is also entitled for grant of bail on the ground of parity, and made out a case for grant bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in SC No.312/2024 pending on the file of the learned VI Additional District and Sessions Judge, Bengalurum, arising out of Crime No.255/2024 of Kaggalipura Police Station, Ramanagara Police Station registered for the offences punishable under Sections 132, 121(1), 109(1), 262 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Indian Arms Act, 1959 subject to following conditions. - 7 - HC-KAR NC: 2025:KHC:46866 CRL.P No. 11073 of 2025 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner shall not tamper with prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. d) The petitioner shall not involve in commission of any offence. If he 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 BKM List No.: 1 Sl No.: 36