IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12955 OF 2024 C/W CRIMINAL PETITION NO. 13063 OF 2024 IN CRL.P No. 12955/2024 BETWEEN:

SRI. SUNIL KUMAR, S/O LATE PUNDALIKA, AGED ABOUT 31 YEARS, R/AT NEAR ARALIMARA, 1^ST CROSS, PIPELINE PARK, T. DASHARAHALLI, NAGASANDRA POST, BENGALURU.

PERMANENT ADDRESS:

Digitally signed by R/AT NO. 3/164, MALAGHANA VILLAGE, LAKSHMI T KALGURTHI POST, CHITHAPURA TALUK, Location:

High Court KALABURAGI DISTRICT - 585 312.

of Karnataka …PETITIONER (BY SRI. SHIVASWAMY, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE, NELAMANGALA, BENGALURU DISTRICT, REPRESENTED BY:

STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 009.

…RESPONDENT (BY SRI. RANGASWAMY R, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION BY GRANTING BAIL IN FAVOUR OF THE PETITIONER AND DIRECT THE HONBLE TRIAL COURT TO RELEASE HIM ON BAIL WHO IS 2ND ACCUSED IN CR.NO.236/2024 REGISTERED BY THE NELAMANGALA RURAL POLICE NELAMANGALA FOR THE ALLEGED OFFENCE UNDER SEC.103 R/W 3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT NELAMANGALA BENGALURU RURAL DISTRICT IN CR.NO.236/2024 UNDER SEC.103 R/W 3(5) OF BNS 2023 ON ANY REASONABLE CONDITIONS UNDER THE FACTS AND CIRCUMSTANCES.

IN CRL.P NO. 13063/2024 BETWEEN:

SRI. BOJALINGA, S/O ANEPPA, AGED ABOUT 20 YEARS, R/AT NEAR ANJANEYASWAMY TEMPLE, NEAR METRO STATION, T. DASHARAHALLI, BENGALURU CITY.

PERMANENT ADDRESS:

R/AT MALAGANA VILLAGE, KALGURTHI POST, CHITHAPURA TALUK, KALABURAGI DISTRICT - 585 312.

...PETITIONER (BY SRI. SHIVASWAMY, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE, NELAMANGALA, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 009.

...RESPONDENT (BY SRI. RANGASWAMY R, HCGP)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS)

OF CR.P.C PRAYING TO ALLOW THIS PETITION BY GRANTING BAIL IN FAVOUR OF THE PETITIONER AND DIRECT THE HONBLE TRIAL COURT TO RELEASE HIM ON REGULAR BAIL WHO IS ACCUSED NO.3 IN CR.NO.236/2024 REGISTERED BY THE NELAMANGALA RURAL POLICE, NELAMANGALA FOR THE ALLEGED OFFENCE P/US/ 103 R/W SEC.3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC AT NELAMANGALA BENGALURU RURAL DISTRICT IN CR.NO.236/2024 U/S.103 R/W SEC.3(5) OF BNS 2023.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ COMMON ORAL ORDER These two petitions arise out of Crime No.236/2024 of Nelamangala Rural Police Station. Petitioners are accused Nos.2 and 3 respectively. They have preferred these petitions under Section 483 of the BNSS, 2023 to enlarge them on bail.

2. The aforementioned FIR came to be registered on a complaint lodged by one Manjunatha son of Channigappa, on the basis of which case was registered against the driver of a bolero pickup vehicle bearing registration number No.KA-04-AC-4112 and two others, for the offence punishable under Section 103 and 3(5) of the BNS 2023. On completion of investigation charge sheet has been filed.

3. Heard both sides and perused the material on record.

4. The case of prosecution is that on 02.09.2024, at about 08:30 p.m., deceased-Mahesh, driver of a tipper bearing registration number KA-52-C-2053 after unloading the jelly at Nelamangala town jelllyard was returning in the said vehicle. At about 10:45 p.m., he stopped his vehicle at Mallarabanavadi cross, near one green park daba. Accused No.1 who was driving a bolero pickup vehicle bearing registration No.KA-04-AC-4112, while taking reverse, caused damage to the tipper vehicle. When the deceased Mahesh questioned him, accused No.1 and accused Nos.2 & 3 who were along with him picked up quarrel and abused and assaulted him with hands. Accused No.1 took an iron pipe which was in the pickup vehicle and assaulted him on his head