Vinay R. @ Papayi Vs State of Karnataka

VINAY R. @ PAPAYI S/O. RANGASWAMY.R AGED ABOUT 23 YEARS R/AT, No. 21/1, 5^TH CROSS 8^TH MAIN ROAD, BEHIND REDDY BAR K.P. AGRAHARA, MAGADI ROAD BENGALURU-560 023.

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SANJAY.S. @ KOMA S/O. SHANKAR AGED ABOUT 24 YEARS R/AT, No. 56, 6^TH CROSS K.P. AGRAHARA, MAGADI ROAD BENGALURU-560 023.

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…PETITIONERS

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

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(BY SRI. RAGHUNATHA GOWDA S, ADVOCATE)

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AND:

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STATE OF KARNATAKA R/BY MAGADI ROAD POLICE STATION THROUGH STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001.

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…RESPONDENT

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(BY SRI CHANNAPPA ERAPPA, HCGP)

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2 - NC: 2025:KHC:47385 CRL.P No. 14072 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.No.191/2025 REGISTERED BY MAGADI ROAD P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109,118(1),126(2),61 R/W 190 OF THE BNS, 2023, UNDER SECTION 25(1B)(B) OF ARMS ACT AGAINST THE PETITIONERS, PENDING BEFORE THE 24^th ACMM COURT, BENGALURU.

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THIS 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 petitioners –accused Nos.1

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and 4 under Section 483 of BNSS praying to grant bail in Crime No.191/2025 of Magadi Road Police Station registered for offences punishable under Sections 109, 118(1), 126(2), 61 read with Section 190 of BNS and Section 25 (1B)(B) of Arms Act.

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Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent –State.

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Learned counsel for the petitioner would

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contend that the complaint has been filed by the sister of the injured and she is not eye witness to the incident. The

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3 - NC: 2025:KHC:47385 CRL.P No. 14072 of 2025

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HC-KAR

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remand application indicates that the injured has taken treatment as outpatient. He has not sustained any grievous injury. There is joint recovery of long, machete and dagger. The petitioner -accused no. 1 is suffering from mental illness and he is having an old aged mother.

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Accused Nos.7 and 8 have been granted bail by the Sessions Court. Major portion of the investigation is over and therefore, petitioners are not required for custodial interrogation. With these, he prays to allow the petition and grant bail to petitioners.

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Per contra, learned High Court Government Pleader for the respondent –State would contend that the charge sheet has been filed. As per charge sheet, this petitioner No.1 -accused No.1 was having grudge against C.W.2, as he and his followers have assaulted him. The wound certificate indicates that C.W.2 has sustained two simple injuries. C.W.11 is the eyewitness to the incident. The petitioner No.1 is involved in Crime No.440/2020 of

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NC: 2025:KHC:47385 CRL.P No. 14072 of 2025

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HC-KAR

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Chittoor Town Police Station for committing offences under

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NDPS Act.

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In reply, learned counsel for the petitioner

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submits that in the said Crime No.440/2020 of Chittoor Town Police Station petitioner No.1 has been granted bail.

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Having heard learned counsels, the Court has

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perused the FIR, complaint and other matters placed on record.

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As per case of the prosecution, the accused

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persons have assaulted C.W.2 with weapons like iron long chopper, machete and dagger. The wound certificate of C.W.2 indicates that he has sustained two simple injuries.

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The only eyewitness to the incident is C.W.11 and he has not stated overtact of each of accused persons. The petitioner No.1 –accused No.1 has been granted bail in Crime No.440/2020 of Chittoor Town Police Station. As the charge sheet is filed, petitioners are not required for further custodial interrogation. Petitioners are in judicial custody since 19.08.2025. Considering the above aspects,

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NC: 2025:KHC:47385 CRL.P No. 14072 of 2025

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HC-KAR

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petitioners have made out case for grant of bail with conditions.

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In the result, the following

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ORDER

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i) The petition is allowed.

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ii) Petitioners are granted bail in Crime No.191/2025 of Magadi Road Police Station subject to following conditions;

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a) Petitioners –accused Nos.1 and 4 shall execute a personal bond for a sum of Rs.1,00,000/with one surety for likesum to the satisfaction of the jurisdictional Court.

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b) Petitioners –accused Nos.1 and 4 shall not tamper the prosecution witnesses either directly or indirectly.

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