IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13812 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. YOGESHWAR B S @ YOGESHA S/O SHIVALINGA AGED ABOUT 24 YEARS R/AT BEEJAGANAHALLI KASABA POST AND HOBLI HANUR TALUK MYSURU DISTRICT Digitally signed by LAKSHMINARA YANA PIN 571 105.

MURTHY RAJASHRI …PETITIONER Location: HIGH COURT OF KARNA TAKA (BY SRI SHARATH J M, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY HUNSUR TOWN POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU – 560 001.

…RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO RELEASE HIM ON BAIL, WHO IS ACCUSED IN CRIME No.211/2025 REGISTERED BY THE RESPONDENT HUNSUR TOWN POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 115(2),109,351(2) OF BNS 2023 NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM HUNSUR, MYSURU AND ETC., THIS PETITION COMING ON FORM ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by sole accused under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short `BNSS, 2023) seeking grant of bail in Crime No.211 of 2025 of Hunsur Town Police Station registered for the offences punishable under Sections 115(2), 109 and

351(2) of BNS, 2023.

2. Heard the learned counsel for petitioner and learned Additional State Public Prosecution for the respondent - State.

3. The learned counsel for petitioner would contend that the petitioner is a student, and he has applied for the post in the Army. The major portion of the investigation is over, and the injured has been discharged.

The incident has taken place in a sudden quarrel, and there was no intention on the part of the petitioner to kill the injured. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor would contend that the injured sustained grievous injury, and the injured was admitted in a hospital for seven days. The weapon used is a chopper. The petitioner took chopper from his house, and assaulted the injured, and that itself indicates his intention to commit attempt to murder. The investigation is in progress. With this, she prayed for dismissal of the petition.

5. On the complaint of one Anil, case came to be registered against the petitioner in Crime No.211 of 2025 of Hunsur Town Police Station for the offences under Section 115(2), 109 and 351(2) of BNS, 2023. The petitioner was having an affair with the daughter of aunt of the first informant. The first informant and his family members have advised the petitioner to stop contacting his aunt's daughter.

6. On 15.08.2025 at about 07.00 p.m, the petitioner left his dog, which bit Tarun, the cousin of the first informant. To question the same, the first informant went to the house of petitioner, and there was a quarrel, and petitioner took a chopper from his house, and assaulted the first informant. The first informant sustained the injury, and he was admitted to the hospital.

7. The documents made available by the learned Additional State Public Prosecutor indicate that the injury sustained by the first informant is a grievous injury, and the injured has been discharged from the hospital.

8. The petitioner is in judicial custody since

16.08.2025 and as the major portion of investigation is over, he is not required for interrogation. He is stated to have applied for the post in the Army.

9. Considering the above said aspects, the petitioner has made out a case for grant of bail.

In the result, I pass the following:

ORDER i) The petition is allowed.

ii) The petitioner is ordered to be released on bail in Crime No. 211 of 2025 of Hunsur Town Police Station subject to following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety