Shri Sanju S/O Parasu Karande Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOWING THIS PETITION, THE PETITIONERS/ACCUSED NO. 1 TO 3 MAY BE RELEASED ON REGULAR BAIL IN AIGALI P.S. CRIME NO.71/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 109, 115[2], R/W. 3[5] OF BNS ACT PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC ATHANI, IN THE INTEREST OF JUSTICE.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard Sri. S.B. Deyannavar, learned counsel for the petitioners and Smt. Kirtilata Patil, learned HCGP for the respondent – State.

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The petitioners have filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) praying to enlarge them on bail in connection with Crime No.71/2025 of Aigali Police Station, Belagavi for the offences punishable under Sections 115(2) and 109(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

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The brief facts of the prosecution case are as under:

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The de facto complainant, Sri. Bharat, lodged a complaint stating that accused No.1 had borrowed a loan of Rs.25,000/from him approximately two years prior to the incident, but failed to repay it. On 03.05.2025, at around 10:00 a.m., near Ambedkar Circle in Telasang village, the de facto complainant confronted accused No.1, demanding the repayment of the

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loan. However, accused No.1 did not respond appropriately, leading to a quarrel between the duo. On the same day, at around 03:00 p.m., the de facto complainant, accompanied by one Khandu Kolekar, was riding a motorcycle towards Telasang Cross, near the petrol pump, accused No.1, along with two others, arrived in a four-wheeler with registration No.KA-71/M2269, and deliberately collided with the motorcycle of the complainant. The complainant fell and sustained multiple injuries. Subsequently, accused No. 1 got out of the car, used abusive language, took an axe from his vehicle, and assaulted the de facto complainant on his head, attempting to kill him. As a result, the complainant sustained severe head injuries and was shifted to a hospital. Accused Nos.2 and 3 also kicked the complainant and assaulted him with their hands. Thus, the complainant filed a complaint, leading to the registration of an FIR and the initiation of an investigation. During the investigation, accused Nos.1 to 3 were arrested and remanded to judicial custody.

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The learned counsel for the petitioners contended that the petitioners are innocent, have not committed any

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offence, and have been falsely implicated in the case. The counsel pointed out that the alleged offenses are not punishable with death or life imprisonment, and that both the de facto complainant and the other injured party have been discharged from the hospital, there is no imminent threat to their lives. The petitioners are ready to comply with any conditions that would be imposed by this Court. Based on these grounds, the learned counsel prayed to allow the petition

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Per contra, the learned High Court Government Pleader contended that the petitioners had committed a serious offence under Section 307 of the IPC. Accused No.1 had attacked the victim with an axe, causing grievous injuries, which constitutes a clear threat to the victim’s life. The learned HCGP contended that there is sufficient prima facie evidence against the accused persons and if granted bail, they may influence or intimidate prosecution witnesses, thereby hampering the trial. Therefore, the learned HCGP prayed to reject the petition.

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Perusal of the materials available on record, it reveals that, there were some monitory transactions between

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accused No.1 and the de facto complainant. Accused No.1 had borrowed a loan from the de facto complainant for a sum of Rs.25,000/-. In this regard, the de facto complainant was insisting accused No.1 to repay the same. As there was a scuffle between both the parties, accused No.1 allegedly hatched a plan to eliminate him. In this regard, on 03.05.2025 at about 3.00 p.m., accused No.1 came with two other accused persons in his Car, dashed the motorcycle of the complainant and thereby, caused severe injuries. Later, he was assaulted with axe on his head.

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On perusal of the medical certificate issued by

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“Yashaswini” Hospital, the de facto complainant has sustained following injuries:

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1) Multiple abration on body-Both shoulder left forearm, (11) knee & thigh.

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2) Cervical spine injury C cord ocelema.

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3) L5 fracture.

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4) Right paratel depressed fracture.

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As per the discharge certificate issued by, Samarth

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Neuro and Super Specialty Hospital, Miraz, the de facto

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complainant was admitted to the hospital on 04.05.2025 and discharged on 25.04.2025.

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As per the opinion of the doctor, injury No.1 is simple in nature and injuries Nos.2 and 4 are grievous nature. It shows that accused No.1 voluntarily caused hurt with an axe on the head of de facto complainant and caused three grievous injuries. Insofar as, accused Nos.2 and 3 are concerned, the ingredients of Section 307 of the IPC, would not be attracted.

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Considering the nature of allegations made against petitioner/accused No.1, he is not entitled for bail. Since charge sheet is not filed. Petitioners/accused Nos.2 and 3 are entitled for bail. Accordingly, I proceed to pass the following:

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ORDER

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The present petition is partly allowed .

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The bail application filed by petitioner/accused No.1 is rejected. The bail application filed by petitioners/accused Nos.2 and 3 are allowed.

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The petitioners/accused Nos.2 and 3 are ordered to be enlarged on bail in Crime No.17/2025 of Aigali Police Station on his executing a personal bond in a sum of Rs.2,00,000/- each with two surety for the like sum to the satisfaction jurisdictional Court, subject to the following conditions:

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i. Petitioners/accused Nos.2 and 3 shall co-operate with the Investigation Agency until completion of the investigation.

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ii. They shall not tamper with the prosecution witnesses and shall not threaten the witnesses.

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iii. They shall appear before the Court regularly without fail.

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iv. They shall not involve themselves in similar offences.

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v. They shall mark their attendance before the respondent Police on 1^st Sunday of every month between 10.00 AM to 5.00 PM, for a period of six months from today or till filing of charge sheet, whichever is earlier.

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Violation of any of these conditions would entail for cancellation of bail.

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Ordered accordingly.

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