IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 659 OF 2025 BETWEEN:

SRI. NARASIMHAMURTHY @ SANNI @ URUS, S/O GOVINDAPPA, AGED ABOUT 25 YEARS, RESIDENT OF ADARSHA NAGAR, PAVAGADA TOWN, TUMKURU - 561 202.

…PETITIONER (BY SRI. G.S. VENKAT SUBBA RAO, ADVOCATE)

AND:

STATE OF KARNATAKA BY PAVAGADA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally HIGH COURT OF KARNATAKA, signed by BENGALURU - 560 001.

KAVYA R …RESPONDENT Location:

(BY SMT. N. ANITHA GIRISH, HCGP)

High Court of Karnataka THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL CRIME NO. 220/2024 IN C.C.NO.981/2024 FOR THE OFFENCE PUNISHABLE UNDER SEC.109, 351(2), 352 AND R/W SEC.3(5)

OF BHARATHIYA NAGARIK SURAKSHA SANHITA, 2023.

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in Crime No.220/2024 registered by Pavagada Police Station, Tumakuru for offences punishable under Sections 109, 351(2), 352 and r/w Section 3(5) of BNSS, 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.220/2024 was registered by Pavagada Police Station, Tumakuru against the petitioner and two others for the aforesaid offences on the basis of the first information dated 12.09.2024 received from the victim - Abhilasha.

4. During the course of investigation of the case, petitioner herein was arrested on 13.09.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three persons for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl. Misc. No.5348/2024 was rejected on

13.12.2024. Therefore, he is before this Court.

5. Perusal of the charge sheet material would go to show that on 12.09.2024 at about 11.15 p.m., accused Nos.1 to 3 raised a quarrel with CW-2 Bhargav and all of a sudden for the reason that Bhargav was pestering the sister-in-law of the petitioner, he took out a knife and assaulted Bhargav with the said knife on his neck. Accused Nos.2 and 3 allegedly caught hold of Bhargav to enable the petitioner assault him with the knife. In the said incident, Bhargav who had suffered a grievous injury on his neck region was admitted in the hospital and subsequently, discharged.

6. Undisputedly, petitioner has no other criminal antecedents. He is in judicial custody from 13.09.2024. Investigation of the case is completed and charge sheet has been filed. Injured Bhargav, who was admitted in hospital has been discharged and his condition is said to be stable. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

Accordingly, the following:-

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.220/2024 registered by Pavagada Police Station, Tumkuru District, for the offences punishable under Sections 109, 351(2), 352 and R/w Section 3(5) of BNSS, 2023, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, 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;

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 disposed off.

Sd/-

(S VISHWAJITH SHETTY)

JUDG