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2025 Supreme(Online)(Kar) 439969

THE HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
SRI. KISHORE – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 15960/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 15960 OF 2025

(438(Cr.PC) / 482(BNSS))

BETWEEN:

1. SRI. KISHORE

S/O SREENIVAS,

AGED ABOUT 37 YEARS, R/AT NO.6, 4TH CROSS,

NEAR IYENGAR BAKERY,

PEPSI GOWDOWN,

HARALUR ROAD,

PARAPPANA AGRAHARA,

BANGALORE-560100.

…PETITIONER

(BY SRI. MURALI M..,ADVOCATE)

Digitally signed by

LAKSHMINARA YANA

AND:

MURTHY RAJASHRI

Location: HIGH

COURT OF

KARNATAKA

1. THE STATE OF KARNATAKA

BY PARAPPANA AGRAHARA POLICE, REP BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA,

BENGALURU-560001.

…RESPONDENT

(BY SMT.B PUSHPALATHA, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S

482 BNSS) PRAYING TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST ON BAIL IN CR.NO.307/2025 REGISTERED BY RESPONDENT IN PARAPPANA AGRAHARA POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 352, 351(2) READ WITH SECTION 3(5) OF BNS, 2023, PENDING ON THE FILE OF 9th ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY.

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

482 of Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in Crime No.307/2025 of Parappana Agrahara Police Station registered for the offences punishable under Sections 115(2), 118(1), 352, 351(2)

read with Section 3(5) of BNS, 2023.

2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State.

3. The learned counsel for petitioner would contend that, the petitioner is the son of complainant. The petitioner married accused No.2 against the wishes of complainant. Therefore, there were quarrels among them in that regard. In the said quarrel, the alleged incident has taken place. The injured has sustained one injury, and he has been discharged from the hospital. There are no criminal incidents of the petitioner. He is ready to cooperate for further investigation, and abide by any conditions to be imposed by this court. With this, he prayed to allow the petition.

4. Per contra, the Additional State Public Prosecutor for the respondent/State would contend that the complainant is aged 73 years and he has sustained fracture, and it is grievous injury. Due to the incident, the mother of the petitioner and wife of the complainant has also admitted to a hospital for anxiety, and she also taken treatment. The matter is still under investigation. The petitioner is required for custodial interrogation. With this, she prayed for rejection of the petition.

5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

6. Petitioner is the son and accused No.2 is the daughter-in-law of the complainant. It is submitted that, the marriage of petitioner with accused No.2 was love and inter-caste marriage, and the complainant was not happy with the said marriage. The accusation against the petitioner is that, he assaulted with a club on the left hand of the complainant. The wound certificate indicates that, the complainant has sustained fracture. The major portion of the investigation is over. There are no criminal antecedents of the petitioner. The apprehension of the prosecution is that, if the petitioner is granted bail, he will again enter the house of complainant and commit similar offence can be met with by imposing stringent conditions.

In the result, the following:

ORDER i) The petition is allowed.

ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.307/2025 of Parappana Agrahara Police Station registered for the offences punishable under Sections 115(2), 118(1), 352, 351(2) read with Section 3(5) of BNS, 2023 subject to following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the In

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