Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12464 OF 2025 BETWEEN: HARISH KUMAR @ HARISH S/O LATE RAMAKRISHNAPPA AGED ABOUT 34 YEARS R/AT NO.1, YELACHAGERE, KASABA HOBLI, NELAMNAGALA TALUK BENGALURU RURAL DISTRICT - 562 123. …PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE)
AND: STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION, Digitally signed by BENGALURU RURAL DISTRICT, LAKSHMINARAYANA REP. BY ITS STATE PUBLIC PROSECUTOR, MURTHY RAJASHRI HIGH COURT BUILDING, Location: HIGH COURT OF BANGALORE - 560 001. KARNATAKA …RESPONDENT (BY SMT. PUSHPALATHA B, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.281/2025 OF NELAMANGALA RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS -2- 109(1), 115(2), 118(1), 351(2), 352, 109 OF BNS, 2023, PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT NELAMANGALA, BENGALURU RURAL DISTRICT. 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.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of bail in Crime No. 281/2025 of Nelmangala Rural Police Station registered for offences punishable under Section 109(1), 115(2), 118(1), 351(2), 352 and 190 of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for respondent - State.
3. Learned counsel for petitioner would contend
that, no serious overtact is alleged against the -3- petitioner/accused No.2 and serious overtact is alleged against accused No.1. The injuries sustained by the complainant are of simple in nature. The petitioner is in judicial custody since 05.08.2025 and therefore, he is not required for custodial interrogation. Hence, he prayed for allowing the petition.
4. Per contra, learned Additional Special Public
Prosecutor for respondent - State would contend that, the investigation is in progress, if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With this, she prayed for rejection of the petition.
5. Having heard the learned counsels appearing for the parties, this Court has perused the complaint and materials placed on record.
6. A perusal of the complaint filed by one Girish R.
indicates that, accused No.1 assaulted the complainant with knife on his chest and back and also assaulted other -4- two persons who came with him. There is no serious overtact is alleged against the petitioner/accused No.2.
7. Considering the said aspect, the petitioner/accused No.2 is entitled for grant of bail with conditions. In the result, I pass the following:
ORDER
This Criminal Petition is allowed. The petitioner/accused No.2 is granted bail in Crime No.281/2025 of Nelamangala Rural Police Station and is ordered to be released on bail in the event his arrest, 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 likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall cooperate with the Police in investigation. ii) The petitioner shall not tamper the prosecuting witnesses. -5- iv) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 31 CT: BHK