Criminal Petition No. 8926 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:24560 CRL.P No. 8926 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8926 OF 2025 BETWEEN: SRI GANGARAJU S/O LATE GANGANNA AGED ABOUT 38 YEARS RESIDING AT NO.91/4 RAMACHANDRAPURA JALAHALLI POST BENGALURU - 560 013 NATIVE AT GODDUMARI VILLAGE THIMMAMPALLI MANDALA ANANTHPURA DISTRICT ANDHRA PRADESH. (BY SRI HARISH PRABHU S, ADV.) AND:
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA STATE OF KARNATAKA BY GANGAMMA GUDI P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) IN PRAYING TO ENLARGING THE PETITIONERS ON BAIL CR.NO.40/2025 REGISTRERED BY GANGAMMANA GUDI P.S , BENGALURU FOR THE O/P/US/ 109 OF BNS, PENDING BEFORE THE HONBLE VIII ACJM AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:24560 CRL.P No. 8926 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.40/2025 registered by Gangammana Gudi Police Station, Bengaluru, for the offence punishable under Section 109 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.40/2025 was registered by Gangammana Gudi Police Station, Bengaluru, for the offence punishable under Section 109 of BNS, 2023, against unknown persons based on the first information dated 26.03.2025 received from Smt. Ramalakshmi, mother of injured victim Smt. Radha. During the course of investigation, petitioner herein was arrested on 03.04.2025. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offence. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.3250/2025 was rejected on 20.06.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:24560 CRL.P No. 8926 of 2025 HC-KAR 4. Learned counsel for the petitioner submits that petitioner is the husband of the injured victim and solely for the reason that there is a dispute between husband and wife, he has been falsely implicated in the present case. He has no other criminal antecedents and he is in custody for the last more than three months. Charge sheet is already filed. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition submits that in the event petitioner is enlarged on bail, he is likely to indulge in committing similar crime. She submits that petitioner in order to hide his identity had assaulted his wife wearing a helmet on his head. Victim has suffered grievous injures as a result of the assault. Accordingly, she prays to dismiss the petition. 6. First information in the present case is submitted by the mother of the victim at about 12.00 hours on 26.03.2025. In the first information, she has stated that she was informed at about 1.00 a.m. on 26.03.2025 that her daughter was assaulted by a stranger, who was wearing a helmet and as a result of the assault, she had sustained injuries and was shifted - 4 - NC: 2025:KHC:24560 CRL.P No. 8926 of 2025 HC-KAR to Hospital. Immediately thereafter first informant went to the Hospital and on enquiry, her daughter informed her that the stranger had assaulted her with deadly weapon and it is in this background, FIR was registered against unknown person. The statement of the victim who was admitted in the Hospital was recorded on 14.04.2025. In the said statement, she has said that before she was assaulted by the stranger, he had abused her stating that he would kill her. However, the victim does not say that she was in a position to identify the voice of the stranger, who had assaulted her. 7. In her statement recorded on 14.04.2025 which is after a period of more than two weeks from the date of incident, she has said that she suspects her husband. According to the prosecution, petitioner has confessed to his crime and recovery of the weapon used to assault his wife was done at his instance. Investigation in the case is completed and charge sheet has already been filed. Victim who was admitted in the Hospital has been now discharged and her condition is said to be stable. It is not in dispute that the petitioner has no other criminal antecedents. The couple have two children born from - 5 - NC: 2025:KHC:24560 CRL.P No. 8926 of 2025 HC-KAR their wed lock and out of the said two children, son is said to be staying with the petitioner while the daughter is staying with the victim. Petitioner is required to take care of his minor son. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.40/2025 registered by Gangammana Gudi Police Station, Bengaluru, for the offence punishable under Section 109 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:24560 CRL.P No. 8926 of 2025 HC-KAR d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
Decision
disposed off. f) In the event, petitioner violates any of the bail conditions, the State is at liberty to file necessary application seeking cancellation of bail. Sd/- (S VISHWAJITH SHETTY) JUDGE DN