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High Court of Karnataka · body

2025 DAILYLAW 92113 (KAR)

DHARANESH HEGDE M N v. STATE BY BESAGARAHALLI POLICE,

CRL.P/9862/2025 · 2025-08-01

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9862 OF 2025 C/W CRIMINAL PETITION NO. 9906 OF 2025 CRIMINAL PETITION NO. 9926 OF 2025 CRIMINAL PETITION NO. 10500 OF 2025 IN CRL.P No. 9862/2025 BETWEEN: DHARANESH HEGDE M N S/O NAGARAJU, AGED ABOUT 27 YEARS, R/O MUDIGERE VILLAGE, CHANNAPATNA TALUK, RAMANAGARA. PIN CODE NO 571 812 …PETITIONER (BY SRI. RAJU C N., ADVOCATE) AND: STATE BY BESAGARAHALLI POLICE, MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE. PIN CODE NO 560001 …RESPONDENT (BY SRI. NAGESWARAPPA, HCGP FOR RESPONDENT) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER THIS CRL.P FILED IS U/S 439 CR.PC (FILED U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.40/2025 OF BESAGARAHALLI POLICE MANDYA, ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, MADDUR, FOR THE OFFENCES PUNISHABLE U/S 189(2), 191(2), 191(3), 115(2), 118(1), 109, 351(2), 351(3), 54 R/W 190 OF BNS BY ALLOWING THIS PETITION. IN CRL.P NO. 9906/2025 BETWEEN: ABHISHEK C A @ ABHI S/O. ASHOKA, AGED ABOUT 32 YEARS, R/O CHAMANAHALLI VILLAGE, NEAR GRAMA PANCHAYATH OFFICE, KASABA HOBLI, MADDUR TALUK MANDYA PIN CODE NO 571 812 ...PETITIONER (BY SRI. RAJU C N.,ADVOCATE) AND: STATE BY BESAGARAHALLI POLICE, MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE. PIN CODE NO 560 001. ...RESPONDENT (BY SRI. K.NAGESWARAPPA., HCGP FOR RESPONDENT) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.40/2025 OF BESARAGAHALLI POLICE MANDYA, ON THE FILE OF THE - 3 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, MADUR FOR THE OFFENCE PUNISHABLE U/S 189(2),191(2),191(3),115(2),118(1),109,351(2),351(3),54 R/W SEC.190 OF BNS BY ALLOWING THIS PETITION. IN CRL.P NO. 9926/2025 BETWEEN: 1. IN CRL.P NO. 9926/2025 BETWEEN: 1. BHARATH P S/O LATE PUTTASWAMY, AGED ABOUT 22 YEARS, R/O CHUNCHEGOWDANADODDI VILLAGE, BESAGARAHALLI POST, MADDUR TALUK, MANDYA PIN CODE 571419 2. C T GUNASHEKAR S/O THIMMARAJU, AGED ABOUT 22 YEARS, R/O CHUNCHEGOWDANADODDI VILLAGE, BESAGARAHALLI POST, MADDUR TALUK, MANDYA PIN CODE 571419 ...PETITIONERS (BY SRI. RAJU C N.,ADVOCATE) AND: STATE BY BESAGARAHALLI POLICE MANDYA REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE PIN CODE 560001 ...RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP FOR RESPONDENT) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.40/2025 OF BESARAGAHALLI - 4 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER POLICE MANDYA, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT MADDUR, FOR THE OFFENCES P/U/S 189(2), 191(2), 191(2), 191(3), 115(2), 118(1), 109, 351(2), 351(3), 54 R/W 190 OF BNS BY ALLOWING THIS PETITION. IN CRL.P NO. 10500/2025 BETWEEN: HARSHITHGOWDA J P S/O LATE PUTTARAJU AGED ABOUT 21 YEARS, R/AT CHAMANAHALLI VILLAGE KASABA, HOBLI MADDUR TALUK, MANDYA PIN CODE NO.577530. ...PETITIONER (BY SRI. RAJU C.N., ADVOCATE) AND: STATE BY BESAGARAHALLI POLICE MANDYA, REPRESENTED BY SPP, HIGH COURT, OF KARNATAKA, BANGALORE PIN CODE 560 001. ...RESPONDENT (BY SRI. K.NAGESWARAPPA, HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE ON BAIL IN CRIME NO.40/2025 OF BESARAGAHALLI POLICE, MANDYA, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, MADDUR. FOR THE OFFENCES P/U/S. 189(2), 191(2), 191(3), 115(2), 118(1), 109, 351(2), 351(3), 54 R/W 190 OF BNS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 5 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER COMMON ORAL ORDER These petitions are preferred under Section 483 of the BNSS, 2023 praying to enlarge the petitioners on bail in Crime No.40/2025 of the Besagarahalli Police Station registered for offences Punishable under Section 189(2), 191(2), 191(3), 115(2), 118(1), 109, 351(2), 351(3), 54 and 190 of the BNS, 2023. 2. Crl.P.No.9906/2025 is preferred by accused No.1, Crl.P.No.9862/2025 is by accused No.2, Crl.P.No.10500/2025 is by accused No.3, Crl.P.No.9926/2025 is by accused Nos.4 and 5. 3. The complaint is lodged by one Anandh raj M.B. son of Late Beerahegde, one of the injured in the case. A perusal of the complaint averments goes to show that on 11.05.2025, at about 02:00 p.m. there was a quarrel between one Ravi, Dharanesha Hegde (A2) and Vinay Hegde. In the said quarrel, complainant intervened and pacified both the parties. On the same day, at about - 6 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER 08:30 p.m, as there was a birthday party of his friend, they cut the cake and had dinner. His friend Madhu called him over mobile phone and asked him to come near Yellammatayi temple. He along with his friend Manoj went near Yellammatayi temple in Besagarahalli village on a motorcycle. At that time, the accused persons came to the said spot and telling that he has supported Ravi in the quarrel which took place in the afternoon, assaulted the complainant and his friend Madhu, who tried to intervene and caused grievous injuries. Both the injured were taken to the Mandya District hospital and from there for higher treatment, to Mysuru JSS hospital, wherein they were treated as inpatients. Injured Madhu was shifted from District hospital, Mandya to Victoria hospital, Bengaluru. 4. On the basis of the information furnished by the injured, Anandh raj. M. B., case was registered against accused Nos.1 to 4. 5. Learned counsel for petitioners has contended that the injured as well as accused are friends and the - 7 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER incident has taken place in a quarrel and there is no enmity whatsoever to commit any offence as alleged by the prosecution. He contended that the injured are already discharged from the hospital and accused No.6 is enlarged on bail by this Court in Crl.P.No.8567/205 vide order dated 01.07.2025. 6. Learned counsel further contended that the grounds of arrest are not furnished to the petitioners at the time of their arrest. Therefore, submitted that the petitioners may be enlarged on bail by imposing any conditions. 7. Per contra, the learned High Court Government Pleader contended that, in view of the statements of the injured, there is a prima-facie case and therefore, petitioners are not entitled for bail. 8. A perusal of the complaint averments goes to show that it was accused Nos.1, 2 and 3 who were armed with weapons and assaulted the injured persons namely - 8 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER the complainant, and his friend Madhukumar. There is no specific overt acts against accused Nos.4 and 5. It is not alleged in the complaint that they were armed with any weapons at the time of incident. 9. Learned High Court Government Pleader has furnished a copy of the wound certificate in respect of the injured. Injured Anandh raj has sustained 5 injuries which are stated to be grievous in nature. Injuries are as under: i) Cut lacerated wound of 6X3 cm over volar aspect of mid left forearm; ii) Cut injury of flexor digitorum, superficialis and flexor digitorum profundus of second, third, forth and fifth fingers of left hand; iii) Cut injury of left ulnar artery; iv) Cut injury of left ulnar nerve; v) Open type II fracture ulna at junction of mid and proximal 1/3 of left side; - 9 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER 10. The wound certificate of Madhukumar shows that he has sustained two injuries which are grievous in nature. The injuries are as under: i) Lacerated wound over right ear lobe 3X3 cm. ii) Lacerated wound over left forehead 3X1 cm. 11. The material made available goes to show that the grounds of arrest were informed to the accused at the time of their arrest. No such contention was taken before the Trial Court that the accused were not furnished with grounds of arrest. The said contention raised by the learned counsel for petitioner cannot be accepted. 12. Considering the nature of injuries caused and considering that the investigation is under progress, accused Nos.1 to 3 are not entitled for bail at this stage. Liberty is reserved to them to file a fresh petition before the Sessions Court, once the charge sheet is filed. - 10 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER 13. For the reasons stated, accused Nos.4 and 5 can be enlarged on bail by imposing conditions. Accordingly, the following:- ORDER i) Crl.P.No.9926/2025 is allowed. ii) Crl.P.No.9906/2025, Crl.P.No.9862/2025 and Crl.P.No.10500/2025 are dismissed. iii) Petitioners/accused Nos.4 and 5 in Crl.P.No.9926/2025, shall be enlarged on bail, in Crime No.40/2025 of Besagarahalli Police Station, pending on the file of Principal Civil Judge (Junior Division) and FMFC Court, Maddur, subject to following conditions: 1. They shall execute a personal bond for 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 - 11 - HC-KAR NC: 2025:KHC:29939 CRL.P No. 9862 of 2025 C/W CRL.P No. 9906 of 2025 CRL.P No. 9926 of 2025 AND 1 OTHER 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 regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 31