Kiran. H Vs State of Karnataka

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NC: 2025:KHC:39991 CRL.P No. 11490 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11490 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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KIRAN H., S/O. HUCHANNA, AGED ABOUT 26 YEARS, R/AT NO. 1018, 1^ST ‘B’ CROSS, NEAR RELIANCE FRESH, HUCHAPPA LAYOUT, SPJ NAGAR, MUDALAPALYA, BENGALURU-560072.

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…PETITIONER

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(BY SRI. G.RAKESH RAJ, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA THROUGH CHANDRA LAYOUT POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT COMPLEX, BENGALURU-560 001.

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…RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS), PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.203/2025 REGISTERED PUNISHABLE UNDER OFFENCE UNDER SECTION 103(1), 189(2), 191(2), 115(2), 352, 109, 190 OF BNS ACT. REGISTERED BY RESPONDENT

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NC: 2025:KHC:39991 CRL.P No. 11490 of 2025

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HC-KAR

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CHANDRA LAYOUT POLICE, PENDING BEFORE 46^TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the petitioner –accused No.6 under Section 483 of BNSS seeking grant of bail in Crime No.203/2025 of Chandra Layout Police Station, Bengaluru registered for offences punishable under Sections 103(1), 189(2), 191(2), 115(2), 352, 109, 190 of Bhartiya Nyaya Sanhita, 2023.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State.

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Learned counsel for the petitioner would contend that no serious overtacts are alleged against the petitioner. The allegation made against the petitioner is that he assaulted C.W.2 with hands. The petitioner is in judicial custody since 20.06.2025. Therefore, he is not

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NC: 2025:KHC:39991 CRL.P No. 11490 of 2025

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HC-KAR

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required for any custodial interrogation. He further submits that as chare sheet is filed, the petitioner – accused No.6 is not required for investigation. With these, he prays to allow the petition and grant bail to the petitioner –accused No.6.

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Per contra learned High Court Government Pleader for the respondent –State would contend that the petitioner –accused No.6 is part of unlawful assembly and he had common object along with other accused persons. The petitioner has assaulted C.W.2 with hands. There is prima facie case against the petitioner for offences alleged against him. With these, she prays for dismissal of the petition.

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Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record.

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Cl.No.17 of charge sheet indicates that there is

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quarrel between accused No.1 and deceased, C.W.2 to 4. Accused No.1 has secured accused Nos.2 to 6. Accused

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4 - NC: 2025:KHC:39991 CRL.P No. 11490 of 2025

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HC-KAR

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Nos.1 to 6 have formed unlawful assembly and assaulted the deceased. The petitioner –accused No.6 has assaulted C.W.2 with hands. There is no allegation of petitioner assaulting the deceased. The post-mortem report indicates that the cause of death is due to head injury sustained. Considering the said aspects, the petitioner – accused No.6 has made out case for grant of bail with conditions.

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In the result, the following ORDER

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i) The petition is allowed.

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ii) The petitioner –accused No.6 is granted bail in Crime No.203/2025 of Chandra Layout Police Station, Bengaluru registered for offences punishable under Sections 103(1), 189(2), 191(2), 115(2), 352, 109, 190 of Bhartiya Nyaya Sanhita, 2023 subject to following conditions;

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NC: 2025:KHC:39991 CRL.P No. 11490 of 2025

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HC-KAR

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a. The petitioner –accused No.6 shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court;

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b. The petitioner –accused No.6 shall not tamper prosecution witnesses directly or indirectly;

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c. The petitioner –accused No.6 appear before the trial court on all the dates of hearing unless exempted and cooperate for speedy disposal of the case.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 1 Sl No.: 18

Kiran. H v. State of Karnataka

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Kiran. H v. State of Karnataka

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