Harikrishna R Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

Harikrishna R Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

NC: 2025:KHC:51570 CRL.P No. 13018 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 13018 OF 2025

(439(Cr.PC) / 483(BNSS))

BETWEEN:

HARIKRISHNA R

S/O RAMAMURTHY AGED ABOUT 21 YEARS, STUDENT OF RESIDING AT #OPPOSITE TO VIVEKANANDA SCHOOL MYLASANDRA VILLAGE BEGUR HOBLI, NEAR CHURCH, BASAVAPURA VILLAGE, GOTTIGEER POST, BANGALORE DISTRICT - 560083.

…PETITIONER

(BY SRI. G K SHIVA PRAKASH.,ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYANA 1. THE STATE OF KARNATAKA MURTHY RAJASHRI REPRESENTED BY Location: HIGH COURT OF ITS INSPECTOR OF POLICE KARNATAKA BANNERGHATTA POLICE STATION, JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT - 560083.

…RESPONDENT

(BY Smt.B PUSHPALATHA, ADDL. SPP)

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NC: 2025:KHC:51570 CRL.P No. 13018 of 2025

HC-KAR

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 351(2), 351(3), 352, 109(1), 3(5) AND 238 OF BNS ACT CR.NO.83/2025 BANNERGHATTA POLICE FOLLOWED BY CC 3309/2025 AND IN S.C 5079/2025 ON THE FILE OF THE 3^RD ADDITIONAL DISTRICT AND SESSIONS JUDGE BANGALURU RURAL DIST. SIT AT ANEKAL.

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 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.83/2025 of Banneraghatta Police Station registered for the offences punishable under Sections 351(2), 351(3), 352, 109(1), 305 and 238 of BNS, 2023 pending in SC No.5079/2025 on the file of the learned 3^rd Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal.

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

3 - NC: 2025:KHC:51570 CRL.P No. 13018 of 2025

HC-KAR

The learned counsel for petitioner would

contend that, the injured has been discharged from the hospital. The petitioner is in judicial custody since 22.03.2025 and as the charge sheet is filed, he is not required for custodial interrogation. With this, he prayed to allow the petition.

Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the injured has sustained four grievous injuries. All the four injuries are on the head, which is vital part of the body. The assault is made by machette, and it is a deadly weapon. CW3 is eyewitness to the incident and CW2 is the injured. The machete has been recovered at the instance of the petitioner, and it is blood stained as per FSL report. The offence alleged against the petitioner is provided with punishment of imprisonment for life. With this, she prayed to reject the petition.

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NC: 2025:KHC:51570 CRL.P No. 13018 of 2025

HC-KAR

Having heard the learned counsel, the Court

has perused the FIR, complaint, charge sheet and other materials placed on record.

As per charge sheet, the case of prosecution is that, petitioner/accused No.1 was smoking cigarette in front of a beeda shop. At that time, CW2 asked petitioner/accused No.1 to go at a distance and smoke cigarette. Enraged by that, petitioner/accused No.1 abused him, with an intent to kill him, assaulted CW2 with machete on his head several times and caused grievous injuries, and even in spite of knowing the same, accused No.2 has not informed the same to concerned. CW2 is injured and he has sustained four grievous injuries. There is recovery of machete at the instance of the petitioner. All four grievous injuries are on head and it is vital part. The weapon used is machete, and it is a deadly weapon. The petitioner assaulted with machete on the head with an intent to commit murder of CW2. CW3 is the eye witness to the incident. The offence alleged against the petitioner

NC: 2025:KHC:51570 CRL.P No. 13018 of 2025

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HC-KAR

under Section 109 of BNS, 2023 is provided with punishment of imprisonment for life. If he is granted bail, there is a threat to CWs.2 and 3, who are injured and eye witnesses and other prosecution witnesses.

Considering the above aspects, the petitioner

has not made out any grounds for grant of bail.

In the result, the following:

ORDER

The petition is dismissed.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

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