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

…RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING THAT BY ALLOWING THIS PETITION THE PETITIONERS/ACCUSED NO.1 MAY BE RELEASED ON REGULAR BAIL IN AIGALI PS CRIME NO.71/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 3(5) OF BNS ACT PENDING ON THE FILE OF ADDL. C.J. AND JMFC ATHANI IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:15112 CRL.P No. 103711 of 2025

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HC-KAR

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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The petitioner/accused No.1 is before this Court for seeking regular bail in Crime No.71/2025 of respondentpolice for the offences under Sections 115(2) and 109(1) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023.

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Brief facts of the case:

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The case of the prosecution is that, the

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complainant is the resident of the address stated in the said complaint. The complainant and the petitioner are the relatives. The petitioner was the driver used to take hand loan whenever he requires and he used to return the said amount.

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It is further stated that, the petitioner had

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borrowed loan of Rs.25,000/- two years ago from the complainant. But, he did not return the said amount. On 03.05.2025, in the morning hours the complainant met the

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3 - NC: 2025:KHC-D:15112 CRL.P No. 103711 of 2025

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HC-KAR

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petitioner and asked him to return the loan. At that time, the quarrel had ensued between them. Further on the same day at about 03.00 p.m., the complainant along with his friend were going on motorcycle towards Ambedkar Circle, Telasang, when they were near petrol pump, the petitioner along with the two other persons came in their four wheeler bearing its registration No.KA-71/M-2269, which was being driven by the petitioner with intention to kill the complainant dashed to the motorcycle and consequently, the complainant fell down and sustained injuries. The petitioner after getting down from the car, abused in a filthy language and took the axe from his car and hit on the head of the complainant with an intention to kill him and caused grievous injury on the head of the complainant. The other accused also kicked from their legs and bet by hands. The complainant was admitted to the hospital and thereafter, a complaint came to be registered against the petitioner and others. The investigation is completed and charge sheet is filed.

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NC: 2025:KHC-D:15112 CRL.P No. 103711 of 2025

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HC-KAR

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Heard Sri. S. B. Deyannavar, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State.

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It is the submission of the learned counsel for the petitioner that, though it is stated that the petitioner and others dashed the motorcycle of the complainant and petitioner herein got down from the car and assaulted with an axe on the vital part of the complainant, the complainant discharged from the hospital and he is out of danger. The petitioner had no intention to commit the murder of the deceased. The ingredients of Section 307 of IPC cannot be attracted on the given set of facts of the complaint. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions imposed by this Court in the event of his release on bail.

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Per contra, the learned High Court Government Pleader for State vehemently submitted that, the petitioner herein had intention to commit the murder of the complainant as there was a quarrel between the

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HC-KAR

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complainant and the petitioner in the earlier round of litigation in the morning on the same day. Thereafter, he came in his car along with others and dashed the motorcycle. Immediately after the incident, he took the axe and assaulted on the vital part of the injured. Consequently, he was hospitalized for 10 days. Now, though he has been discharged from the hospital, he is not in a good condition. He is taking treatment from the concerned hospital. Therefore, it is not appropriate to grant him bail.

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Having heard the learned counsel for the respective parties and also perused the averments of the complaint and charge sheet, it appears from the record that the petitioner herein is stated to have assaulted on the head of the complainant with axe. However, the injured is out of danger and has been discharged from the hospital after obtaining treatment. The doctor opined that the injuries are simple in nature.

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6 - NC: 2025:KHC-D:15112 CRL.P No. 103711 of 2025

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HC-KAR

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Considering the said medical certificate, issued

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by the doctor, it is appropriate to grant him bail by imposing suitable conditions.

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Hence, I proceed to pass the following:

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ORDER

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(i) The petition is allowed .

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(ii) The petitioner is ordered to be

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enlarged on bail in Crime No.71/2025 of respondent-Police on executing personal bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial

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Court,.

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(iii) The petitioner shall not threaten or

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tamper the prosecution witnesses nor hamper the proceedings of the Court.

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(iv) The petitioner shall appear before

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the Trial Court on all hearing dates without fail.

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7 - NC: 2025:KHC-D:15112 CRL.P No. 103711 of 2025

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HC-KAR

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In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

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Sd/(S.RACHAIAH) JUDGE

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SMM/CT: UMD List No.: 2 Sl No.: 32

Shri Sanju S/O Parasu Karande v. the State of Karnataka

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Shri Sanju S/O Parasu Karande v. the State of Karnataka

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