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. 13560 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: KRISHNA @ KRISHNAMURTHY V S/O VENKATESH @ VENKATESHAPPA AGED ABOUT 29 YEARS R/AT: #67, MOOGANAHALLIL VILLAGE KETHAGANAHALLI POST BENGARPET TALUK KOLAR DISTRICT-563129. …PETITIONER (BY SRI. CHETHAN A., ADVOCATE)
AND: STATE OF KARNATAKA Digitally signed by LAKSHMINARAYANA BY KAMASAMUDRAM POLICE STATION MURTHY RAJASHRI KOLAR DISTRICT Location: HIGH COURT OF REPRESENTED BY SPECIAL PUBLIC PROSECUTOR KARNATAKA
HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE I.E., KAMASAMUDRAM POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.68/2025 PRODUCED AT ANNEXURE-A WHICH IS NOW PENDING ON THE FILE OF HON’BLE ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC -2-
COURT, BANGARPET, FOR THE OFFENCE P/U/S 118(1), 109, 353, 3(5) OF BNS AND ETC. 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 482 of BNSS, 2023, seeking grant of anticipatory bail in Crime No.68/2025 of Kamasamudram Police Station for offences under Section 118(1), 109, 352, 3(5) of BNS.
2. Heard learned counsel for the petitioner and learned Additional SPP for respondent/State.
3. Learned counsel for the petitioner would contend
that the complainant who stated to have sustained injury on his head has been discharged on the next day and he has sustained only soft tissue injury as per discharge
summary and his condition is stable at discharge. He
further submits that Accused No.4 had filed complaint against the complainant on 03.10.2023 and since then -3- there is a dispute and only to avoid and to cause hurdle in the marriage of Accused No.4 fixed on 16.11.2025 the present complaint came to be filed. The major portion of the investigation is completed and petitioner is not required for custodial interrogation. On these grounds, he prayed for grant of anticipatory bail.
4. Per contra, learned Addl.SPP would contend that
overt act alleged against the petitioner is assault by a chopper on the head of the complainant. As per wound certificate, there are two injuries and they are stated to be simple injuries.
5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record.
6. During a quarrel between the complainant and the
accused persons, petitioner/accused No.1 stated to have assaulted on the head of the complainant with a chopper and caused the injury. On perusal of discharge summary, -4- the injury diagnosed is soft tissue injury and the complainant is found to be stable at discharge. The complainant has been admitted on 27.08.2025 and has been discharged on 28.08.2025. As per submission of learned Additional SPP, as per wound certificate, there are two injuries and they are simple injuries. The petitioner has undertaken to co-operate with the police investigation and undertaken to abide by conditions to be imposed. Petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following:
ORDER
Petition is allowed. Petitioner is ordered to be enlarged on bail, in the event of his arrest, in Crime No.68/2025 of Kamasamudram Police Station, subject to following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh -5- only) with one surety for the like sum, to the satisfaction of the Investigating Officer.
(ii) Petitioner shall appear before the investigating officer within 15 days from this date and execute a bail bond and furnish surety.
(iii) Petitioner shall co-operate with the police investigation.
(iv) Petitioner shall not tamper the prosecution witnesses.
(v) Petitioner shall appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 38