Criminal Petition No. 6908 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18282 CRL.P No. 6908 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO.6908 OF 2025 BETWEEN: BHARATH KUMAR R S/O RANGANATH AGED ABOUT 33 YEARS R/O NO.35, 1ST CROSS 1ST MAIN, KALIDAS CIRCLE SRINAGAR, BANGALORE -560050. (BY SRI. PAVAN KUMAR G, ADVOCATE) AND:
Legal Reasoning
STATE OF KARNATAKA BY HANUMANTHA NAGARA P.S REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT.SOWMYA R, HCGP) THIS CRL.P IS FILED U/SEC.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 CRIME NO.84/2025 OF HANUMANTHANAGAR P.S ON THE FILE OF XXXVII ADDL. CHIEF JUDICIAL MAGISTRATE AT BANGALORE FOR THE OFFENCE P/U/SEC.109, 324(4), 352, 351(3), 3(5) OF BNS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18282 CRL.P No. 6908 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner, who is arraigned as accused No.2 in Crime No.84/2025 of the respondent – Hanumanthanagar Police, is before this Court seeking regular bail, for the offences punishable under Sections 109, 324(4), 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS Act') pending before the XXXVII Additional Chief Judicial Magistrate at Bengaluru. Factual matrix of the case: 2. It is the case of the prosecution that, a complaint came to be registered by the complainant stating that the complainant is the friend of Deekshit and Bharath since 3 to 4 months. Bhavani is acquainted with the complainant through the said Deekshit and Bharath. Deekshit had invited the complainant to consume liquor on account of Ugadi Festival. The complainant, Jeevan and Yashas went to Hosakerehalli Lake and consumed alcohol and thereafter, during the said process, there was a quarrel took place between the complainant and Deekshit. Deekshit had instructed Bhavani to - 3 - NC: 2025:KHC:18282 CRL.P No. 6908 of 2025 kill the complainant. When Bhavani took the glass of the beer bottle and tried to assault on the complainant, he escaped from the spot and went away along with his friends by taking Auto. 3. On 12.04.2025 around 10.30 p.m., when the complainant and his friends wanted to see the 'Karga Festival', on 13.04.2025 at about 4.00 a.m., all the persons had been to Srinagar, Raghavendra Block, 5th Cross, wherein Jeevan was residing to take the key of the Auto. However, they noticed that the said Auto had been damaged. In the meantime, Deekshit, Bhavani and Bharat, who are the persons, came from another Auto by holding long and machete in their hands and when the Complainant asked Deekshit as to whether they had damaged the Auto, he accepted that he had damaged the Auto and started assaulting the complainant and others. Consequently, the complainant and others have sustained injuries. Therefore, he lodges a complaint before the respondent – Police to take suitable action against the petitioner and others. - 4 - NC: 2025:KHC:18282 CRL.P No. 6908 of 2025 4. The respondent – Police have registered the case in Crime No.84/2025 for the offences stated supra. The investigation is under progress. 5. Heard Sri.Pavan Kumar, learned counsel for the petitioner and Smt.Sowmya.R, learned HCGP for the respondent – State. 6. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has not committed any offences as stated in the complaint. The overt-act alleged against the petitioner regarding assault is not forthcoming in the complaint. Merely because the case has been registered for the aforesaid offences that itself cannot be a ground to deny the bail as the petitioner had not committed or assaulted any of the persons in the incident. The petitioner is only the earning member of the family and he is the permanent resident of the address mentioned in the cause title of the petition and he is ready and willing to abide any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition. - 5 - NC: 2025:KHC:18282 CRL.P No. 6908 of 2025 7. Per contra, learned High Court Government Pleader opposed the petition by contending that the petitioner and others formed an unlawful assembly. They quarreled with their own friends and assaulted them brutally and caused injuries. The said assault was to eliminate the complainant and others. Since there is a threat and also a motive to commit the said offence, which is heinous in nature, the petitioner is not entitled for bail. Making such submissions, the learned HCGP prays to reject the petition. 8. Heard the learned counsel for the respective parties and perused the averments of the complaint. 9. Though the matter is under investigation, the fact remains that, the present petitioner who is arrayed as accused No.2, has not prima-facie assaulted either the injured person or any other persons. Therefore, I am of the considered opinion that it is a fit case to grant bail as prayed for. 10. In the light of the observations made above, I proceed to pass the following: - 6 - NC: 2025:KHC:18282 CRL.P No. 6908 of 2025
Decision
ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.84/2025 of the respondent – Police, pending on the file of XXXVII Additional Chief Judicial Magistrate at Bengaluru, on executing 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 Trial Court, subject to the following conditions:- a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. - 7 - NC: 2025:KHC:18282 CRL.P No. 6908 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. SD/- (S.RACHAIAH) JUDGE NBM List No.: 1 Sl No.: 49