IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14112 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN: MR SANJAY S/O SHANKARAPPA, AGED ABOUT 22 YEARS, RESIDING AT NO. CHITRAHALLI, TALYA HOBI, HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526.

…PETITIONER (BY SRI. PRAVEEN C., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY CHITRAHALLI GATE POLICE STATION, CHITRAHALLI - 577 526.

REPRESENTED BY THE S.P.P., Digitally signed by HIGH COURT BUILDING, LAKSHMINARAYANA MURTHY RAJASHRI BENGALURU - 560 001.

Location: HIGH …RESPONDENT COURT OF KARNATAKA (BY SMT. PUSHPALATHA B., ADDL. SPP FOR RESPODNENT AND SRI. HARISH N.R., ADVOCATE FOR DEFACTO COMPLAINANT)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.130/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 115(2), 352, 49, 3(5) OF BNS, 2023, CHITRAHALLI GATE POLICE STATION, ON THE COMPLIANT OF LATHA, NOW PENDING BEFORE THE COURT OF THE ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, HOLALKERE, CHITRADURGA.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.130/2025 of Chitrahalli Gate Police Station, registered for offences punishable under Sections 109(1), 115(2), 352, 49 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State who is assisted by learned counsel for victim/injured.

3. Learned counsel for petitioner would contend that, accused No.2 has been granted anticipatory bail by the Sessions Court. The incident has taken place on 04.09.2025 and complaint has been lodged on 09.09.2025 and there is a delay in filing the complaint. The injured has been admitted on the next day of the incident i.e., on 05.09.2025. A Civil suit has been filed by the father of complainant in O.S.No.166/2025 on 06.09.2025 against the father of this petitioner and another. There is a Civil dispute between the accused persons and the injured and their family members which led to the quarrel, where under, the injured had sustained injuries. There is a delay in recording the statement of eye witnesses. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent who is assisted by learned counsel for victim/injured would contend that, the wound certificate indicates that, the injured has sustained grievous injuries. The injured is still in the hospital taking treatment and he is under coma. The injury has been caused with a machete on the forehead of the injured and it is a vital part. The machete has been seized at the instance of this petitioner. The injured has taken treatment in Government hospital on the day of incident itself i.e., 04.09.2025 and subsequently he has been referred to higher center. She further submits that, there are six (6) eye witnesses to the incident who are cited as C.W.5 to C.W.10. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. One of the offences alleged against the petitioner is punishable with imprisonment for life. If the petitioner is granted bail, there are chances of he committing similar offence and threatening the prosecution witnesses. With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint, charge sheet and other materials placed on record.

6. The case of the prosecution is that, on

04.09.2025 at about 09.30 p.m. C.W.4 went to the house of C.W.7 a