Accused Nos.1 to 3 and 5 sought regular bail in a case of assault on an injured victim with machetes and daggers. The court noted the charge sheet was filed, no specific overt acts were alleged against them, injuries were simple except one grievous injury not on a vital part, and granted bail subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:47623 CRL.P No. 11107 of 2024 C/W CRL.P No. 11614 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11107 OF 2024 C/W CRIMINAL PETITION NO. 11614 OF 2024
IN CRL.P No. 11107/2024
BETWEEN:
SRI. T. KARTHIK @ BULLY S/O AYYANNA GOWDA T, AGED ABOUT 25 YEARS, R/AT NO. 14, 4TH MAIN, 6TH CROSS, AGRAHARA DASARAHALLI, BANGALORE NORTH, BASAVESHWARANAGAR, BANGALORE - 560 079.
ALSO AT NO. 15, 5TH MAIN, 5TH CROSS, CHAKRANAGAR, ANDRAHALLI, BANGALORE - 560 079
…PETITIONER (BY SRI. YASHAVANTHSWAMY A.M., ADVOCATE)
Digitally signed by REKHA R Location: High Court of Karnataka
AND:
STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION, BENGALURU. REP BY HIGH COURT OF SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNNS) OF CR.P.C. PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.5 ON BAIL IN CRIME NO.341/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
NC: 2024:KHC:47623 CRL.P No. 11107 of 2024 C/W CRL.P No. 11614 of 2024
109,118,189,190,191 OF BNS ACT 2023 PENDING ON THE FILE OF THE 46TH ACMM AT BENGALURU JNANABHARATHI POLICE STATION.
IN CRL.P NO. 11614/2024
BETWEEN:
...PETITIONERS
(BY SRI. PRASANNA RAO R., ADVOCATE)
AND:
STATE BY JNANABHARATHI P S REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001
...RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
(FILED UNDER SECTION 483 BNNS) OF CR.P.C. PRAYING TO RELEASE THE PETITIONERS ON BAIL IN THE CR.NO.341/2024 REGISTERED BY THE RESPONDENT JNANABHARATHI P.S. FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 118, 189, 190, 191 OF BNS 2023 PENDING BEFORE THE HONBEL COURT 46TH ADDITIONAL C.M.M.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 to 3 & 5 in Crime No.341/2024 registered by Jnanabharathi Police Station, Benglauru City, for the offences punishable under Sections 109, 118, 189, 190 & 191 of the Bharatiya Nyaya Sanhita, 2023, are before this Court, in these two petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
Jnanabharathi Police Station, Bengaluru City, against Sharath and 10 others for the aforesaid offences, on the
NC: 2024:KHC:47623 CRL.P No. 11107 of 2024 C/W CRL.P No. 11614 of 2024
basis of the first information dated 26.08.2024 received from injured victim Rajesh S/o Venkatesh. During the course of investigation accused nos.1 to 3 were arrested on 04.09.2024 and accused no.5 was arrested on 13.09.2024. Subsequently all the arrested accused were remanded to judicial custody.
and he has been granted bail in the said case. The victim
has not suffered any grievous injury on the vital part of his
body. Accordingly, they pray to allow the petition.
given by the injured victim Rajesh, who was admitted in the hospital after having suffered injury in the incident in question that had taken place on the intervening night of 25.08.2024 and 26.08.2024. In the first information the injured victim has stated that he is a painter by profession and when he was working in primary school at Mundur in K.R.Puram, he received a phone call from accused No.1/Sharath, who asked him as to why he was planning to assault him. First informant allegedly informed him that he had no plans to assault Sharath. On 25.08.2024 at about 9.20 pm when first informant and his friend
Vishnukumar were near Anjaneay Temple at Ullal, accused No.1 and Ten others came in motor cycles, and after
spraying pepper spray on the face of first informant they assaulted him with Machettes and daggers. In the first information specific overt act are not alleged against any one of the accused persons. Investigation in the case is completed and charge sheet has been already filed.
made by the petitioners for grant of regular bail needs to be answered affirmatively.
ORDER
The Criminal Petitions are allowed.
The petitioners are directed to be enlarged on bail in Crime No.341/2024 registered by Jnanabharathi Police Station, Benglauru City, for the offences punishable under Sections 109, 118, 189, 190 & 191 of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts them appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
SD/(S VISHWAJITH SHETTY) JUDGE
ASN List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the accused in Crime No.341/2024 for offences under Sections 109, 118, 189, 190 and 191 BNS should be enlarged on regular bail.
2 provisions across 2 enactments
T. Karthik @ Bully
Sharath
Anand
Puneeth
State of Karnataka by Jnanabharathi Police Station, Bengaluru
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
