Criminal Petition No. 13338 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13338 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. VENKATESH R @ BUL DOG S/O RAVIKUMAR, AGED ABOUT 27 YEARS, NARASIMHAIAH BLOCK, VENKATESHPURAM, K.G. HALLY, BENGALURU - 560 045. 2. NAVEEN L S/O LOKESH, AGED ABOUT 24 YEARS, R/AT N 9/1, 4TH CROSS, SAMPANGIRAMAIAH BLOCK, D J HALLI, BENGALURU CITY - 560 045. Digitally signed by LAKSHMI T Location: High Court of Karnataka 3. SELVARAJ S @ KOTAYAN S/O SAMPANGI, AGED ABOUT 27 YEARS, R/AT NO. 53, 2ND CROSS, VISHWESHWARIAHNAGARA, BENGALURU - 560 045.
Legal Reasoning
(BY SRI. NARAYANA SWAMY M, ADVOCATE) …PETITIONERS AND: STATE BY D.J. HALLI P.S., BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, - 2 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 HIGH COURT OF KARNATAKA BANGALORE - 560 001. (BY SRI. RANGASWAMY R, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE / GRANT THE PETITIONERS WHO ARE ACCUSED NO.3, 6, 7 ON BAIL IN CR.NO.436/2024 FOR THE OFFENCE P/U/S 109, 115(2), 118(1), 126(2), 189(2), 189(4), 191(2), 191(3), 351(3), 352 R/W 190 OF BNS ACT 2023 OF D.J HALLI P.S PENDING ON THE FILE OF THE XI A.C.M.M BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS is preferred by accused Nos.3, 6 and 7 respectively in Crime No.436/2024 of Devarajaeevanahalli Police Station, Bengaluru City, registered for offences punishable under Sections 109, 115(2), 118(1), 126(2), 189(2), 189(4), 190, 191(2), 191(3), 351(3), 352 R/W Section 190 of BNS 2023. - 3 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 2. Above FIR is registered on a complaint lodged by one Harish Babu in respect of an incident of assault which took place on 27.10.2024. 3. FIR is registered against accused Nos.1 to 7 and others. Petitioners are arraigned as accused Nos.3, 6 and 7 respectfully. 4. It is alleged that a quarrel took place on 11.09.2024 at about 06:30 p.m. between the complainant and accused persons during immersion of Ganesha idol and therefore, the accused were nurturing ill-will against the complainant and his friends. On 27.10.2024, at about 10:20 p.m., when the complainant and his friends were standing near Karimariyamma Temple in Venkatappa Layout, all the accused with a common object of committing murder, came armed with longs, clubs etc., and assaulted them and caused injuries to the complainant as well as his friends Sanjay and Ranjith. 5. Learned counsel for the petitioners has contended that there is a counter case registered against the complainant and others in Crime No.438/2024 at - 4 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 Devarajeevanahalli Police Station and in the said case, accused No.1 named in the present case is injured. He contended that accused Nos.2 and 4 are already granted bail by the learned Sessions Judge and therefore, petitioners may be enlarged on bail by imposing any conditions. 6. Learned High Court Government Pleader has contended that there are 3 injured and one of them has sustained grievous injuries. He contended that since the investigation is still in progress, petitioners are not entitled for the relief sought in the petition. He accordingly, prays to dismiss the petition. 7. As per complaint averments, all the accused came armed with long etc., and assaulted Sanjay and caused injuries to his right hand. Accused Nos.2 and 3 assaulted Ranjith and accused Nos.4, 5 and 7 assaulted the complainant with long and clubs. 8. The injuries sustained by Ranjith are grievous in nature. The wound certificate discloses that he has suffered 3 injuries as under; - 5 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 1) Avulsion, lacerated wound-Bone deep Ⓛ 2) Ⓡ Forearm - Radius open fracture, arterial forearm-15 X 8 X 4 cm. bleed at Distal 4/5th point. 3) Parieto - occipital sclap-Lacceration 4 X 0.5 X 0.5 cm. 9. Injured Ranjith has been assaulted by accused No.3, as per complaint allegation. From the said accused a long and blood stained knife are recovered. 10. From accused No.6, blood stained long has been recovered. He is alleged to have assaulted one Sanjay along with other accused persons. The said Sanjay has sustained simple injuries. Similarly, accused No.7 and accused Nos.4 and 5 are alleged to have assaulted the complainant with long and clubs. Further, all the accused are alleged to have abused and assaulted the injured with stones. From accused No.7, a blood stained stone has been recovered. Insofar as accused No.6 is concerned, he is involved in another criminal case registered in Crime No.66/2024 of Devarajeenahalli Police Station for the - 6 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 offence punishable under Section 506, 324 read with Section 34 of IPC. 11. There is discrepancy in so far as the weapon used by accused No.7 and the recovery made at his instance. He has no criminal antecedents. According to the prosecution, he assaulted the complainant – Harish Babu along with accused Nos.4 and 5. The injuries sustained by him are simple in nature. 12. In the above facts and circumstances, accused Nos.3 and 6 are not entitled for bail at this stage, as the investigation is still in progress. Accused No.7 can be admitted to bail by imposing conditions. Accordingly, the following:
Decision
ORDER (i) Petition is allowed in part. (ii) Petitioner No.3/accused No.7 shall be enlarged on bail in Crime No.436/2024 of Devarajeevanahalli Police Station, subject to following conditions: - 7 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum to the satisfaction of the jurisdictional Court. 2. He shall make himself available for interrogation by the investigation Officer as and when required. 3. He shall not indulge in similar or any other offences. 4. He shall not threaten the prosecution witnesses or tamper with them. 5. He shall not hamper the Court proceedings. 6. He shall present before the Court throughout the trial without fail. 7. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 8 - NC: 2025:KHC:4517 CRL.P No. 13338 of 2024 8. He shall furnish his latest photograph along with his surety. (iii) Criminal Petition preferred by petitioner Nos.1 and 2/accused Nos.3 and 6 is dismissed. (iv) Accused Nos.3 and 6 are at liberty to move the Sessions Court for bail after filing of charge sheet. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC,HB List No.: 1 Sl No.: 32 CT: BHK