FARAN v. COURT OF KARNATAKA

(BY SRI P B UMESH, ADVOCATE FOR SRI R B.DESHPANDE, ADVOCATE) AND: …PETITIONER LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

#1. THE STATE OF KARNATAKA BY BASAVANAHALLI POLICE STATION BASAVANAHALLI CIRCLE CHIKKAMAGALURU DISTRICT - 577 101. (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001). (BY SMT. WAHEEDA M M, HCGP) …RESPONDENT - 2 - NC: 2026:KHC:4255 CRL.P No. 16627 of 2025 HC-KAR THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C. (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE CONCERNED POLICE OF BASAVANAHALLI POLICE STATION, THE CHIKKAMAGALURU PETITIONER/ACCUSED No.2 ON BAIL IN CRIME No.58/2025 OF BASAVANAHALLI CHIKKAMAGALURU DISTRICT (CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 118(2), 109(1), 351(2), 189(4) R/W 190 OF BNS 2023 (CORRESPONDING PROVISIONS SECTIONS 504, 307, 506, 144 READ WITH 149 OF IPC). DISTRICT STATION, ENLARGE POLICE TO THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER

#1. This petition is filed by accused No. 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 58/2025 of Basavanahalli Police Station, Chikkamagaluru registered for offence punishable under Sections 352, 118(2), 109(1), 351(2), 189(4) read with Section 190 of BNS.

#2. Heard learned counsel for petitioner and learned HCGP for respondent - State.

#3. Learned counsel for petitioner would contend that the overt act alleged against the petitioner, as stated - 3 - NC: 2026:KHC:4255 CRL.P No. 16627 of 2025 HC-KAR by C.W.4, C.W.5 and C.W.6 in their statements recorded under Section 183 of BNSS, is slashing of talwar on the neck of C.W.1. In order to protect himself C.W.1 had put his hand and sustained injury on the hand. Said injury is not on the vital part of the body. C.W.1 and C.W.2 in their statements recorded under Section 183 of BNSS have stated that this petitioner had also assaulted C.W.2 with a talwar and it is contrary to the statements of C.W.4 to C.W.6. Investigation is over. Charge sheet has been filed and therefore petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

#4. Per contra learned HCGP would contend that C.W.1 and C.W.2 who are injured have specifically stated the overt act of this petitioner assaulting C.W.2 with a talwar and causing grievous injury. C.W.2 had sustained 6 grievous injuries over vital parts of the body. Petitioner had attempted to commit murder of C.W.1 and C.W.2. Therefore petitioner is not entitled for grant of relief of - 4 - NC: 2026:KHC:4255 CRL.P No. 16627 of 2025 HC-KAR anticipatory bail. With this, he prayed to reject the petition.

#5. Having heard learned counsel for the parties this Court has perused the charge sheet and other materials placed on record.

#6. As per charge sheet accused Nos. 1 to 3 and 6, along with juvenile accused Nos. 4 and 5 were members of unlawful assembly and with previous enmity accused Nos. 1 and 2, with talwar, assaulted C.W.2 on his head, hand and body and caused severe injuries, and at that time C.W.1 came to save C.W.2 and the accused persons have assaulted C.W.1 with talwar on his head and caused grievous injury to hand. The wound certificate of C.W.1 indicates that he had sustained one cut incised wound over his left palm measuring 1x4x2 cms and it is grievous injury. Wound certificate of C.W.2 indicates that he had sustained 6 injuries and all are stated to be grievous in nature. One of the injuries sustained by C.W.2 is a cut incised wound over his scalp and there was an open - 5 - NC: 2026:KHC:4255 CRL.P No. 16627 of 2025 HC-KAR fracture of skull bone exposing brain tissue. In the statement of C.W.1 and C.W.2 recorded under Section 183 of BNSS, they have specifically stated the overt act of this petitioner assaulting with talwar to C.W.2. C.W.4 to C.W.6 in their statements have only stated that petitioner assaulted C.W.1 with talwar and at that time he had sustained injury on the left palm. The allegation against petitioner – accused No. 2 in the statements of C.W.4 to C.W.6 is that he slashed a talwar on the neck of C.W.1 and in order to save himself C.W.1 had put his left hand and sustained cut incised wound on his left palm. The very act of petitioner slashing talwar on the neck of C.W.1 itself indicates his intention to commit the murder of C.W.1. Contradictions in the statements of C.W.1 and C.W.4 to C.W.6 cannot be considered at this stage, since offence alleged against the petitioner is a heinous offence punishable with imprisonment for life. - 6 - NC: 2026:KHC:4255 CRL.P No. 16627 of 2025 HC-KAR

#7. Considering the above aspects, petitioner has not made out any grounds for grant of discretionary relief of anticipatory bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 15 Ct.sm