Sri Bharath N Vs State of Karnataka — Bail and Remand | Karnataka HC (2025)

Sri Bharath N Vs State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Bail granted to the petitioner (accused No.3) in Crime No.532/2025 of Pinya Police Station, subject to: (a) execution of a personal bond of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court; (b) not tampering with prosecution witnesses directly or indirectly; (c) attending the trial Court on all dates of hearing unless exempted and cooperating for speedy disposal; (d) committing no offence, failing which the prosecution may apply for cancellation of bail.

Issue for consideration

Whether the petitioner (accused No.3), in judicial custody in Crime No.532/2025 of Peenya Police Station registered for offences punishable under Sections 109, 249, 3(5) of BNS, should be enlarged on bail.

Court's answer

Considering that the injured C.W.2 has been discharged from hospital and is out of danger, that the name of the petitioner and of accused No.1 are the same (which may have caused confusion in the overt acts attributed), that the petitioner has been in judicial custody since 08.10.2025, that the charge sheet is filed so he is not required for further custodial interrogation, and that he has no criminal antecedents, the petitioner has made out a case for grant of bail with conditions.

Detailed headnote1 paragraphs

BAIL GRANTED — Karnataka High Court, Bengaluru (Shivashankar Amarannavar, J.), by order dated 12.12.2025, allowed a bail petition filed by accused No.3 (Bharath N) under Section 483 of BNSS (parallel to Section 439 Cr.P.C) in Crime No.532/2025 of Peenya Police Station, registered for offences punishable under Sections 109, 249, 3(5) of BNS, pending before the XXXI ACJM, Bengaluru City. Grounds taken by the Court: the injured C.W.2, though having sustained five injuries, has been discharged from hospital and is out of danger; the petitioner bears the same name as accused No.1, which may have caused confusion in attributing overt acts; the petitioner has been in judicial custody since 08.10.2025; the charge sheet has been filed so he is not needed for further custodial interrogation; and he has no criminal antecedents. Bail granted on a personal bond of Rs.1,00,000/- with one surety for the like sum, with conditions against tampering with prosecution witnesses, requiring attendance on all hearing dates, and prohibiting commission of any offence (on which the prosecution may seek cancellation of bail).

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16077 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

SRI BHARATH N S/O SRI. NATARAJAPPA AGED ABOUT 27 YEARS R/AT No.195 DODDATEKALAVATTI CHITRADURGA- 577 533.

…PETITIONER

(BY SRI G RAKESH RAJ, ADVOCATE)

AND:

STATE OF KARNATAKA

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

THROUGH PEENYA POLICE STATION REPRESENTED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.

…RESPONDENT

(BY SMT. B PUSHPALATHA, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BIAL IN CR.No.532/2025 REGISTERED BY THE RESPONDENT PEENYA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109,249,3(5) OF BNS, PENDING BEFORE THE COURT OF XXXI ACJM, BENGALURU CITY.

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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.3 under Section 483 of BNSS praying to grant bail in Crime No.532/2025 of

Pinya Police Station registered for offences punishable under Sections 109, 249, 3(5) of BNS.

Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.

Learned counsel for the petitioner would contend that the name of the petitioner is not forthcoming in the FIR, the name of the petitioner has been implicated on the basis of voluntary statement of accused No.2. The complaint has been filed by the wife of the injured. The injured has been discharged from the hospital and he is out of danger. There are no criminal antecedents of the petitioner. There is no recovery from the petitioner. The name of accused No.1 and the name of this petitioner - accused No.3 are same and that might have created

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confusion in stating overtact of each of the accused. As charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

Per contra , learned Additional SPP for the respondent -State would contend that the wound certificate indicates that the injured –C.W.2 has sustained five injuries and they are stated to be grievous in nature. The petitioner has assaulted with bottle and also with knife and caused the injuries. C.W.2 is injured and C.W.5 is eyewitness to the incident. There are no criminal antecedents of the petitioner. With this, she prays to reject the petition.

Having heard learned counsels, the Court has perused FIR, complaint and charge sheet materials placed on record.

As per case of the prosecution, there was a quarrel between accused No.1 and C.W.2, at that time C.W.2 in order to protect himself assaulted accused No.1.

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HC-KAR

At that time accused No.1 told accused Nos.2 and 3 to finish C.W.2. At that time, the petitioner -accused No.3 assaulted the C.W.2 with beer bottle and it broke down and petitioner again assaulted with the said broken beer bottle on the chest of the C.W.2. Thereafter, the petitioner -accused No.3 assaulted C.W.2 with knife on his neck, shoulder, ear and caused bleeding injuries.

The wound certificate of C.W.2 indicates that he has sustained 05 injuries. The said injuries are on the neck, right shoulder, left earlobe, left side of forehead, chest and left abdominal wall. The injured is stated to have been discharged from the hospital and he is out of danger. The name of this petitioner and name of the accused No.1 are same. The petitioner is in judicial custody since 08.10.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. The petitioner is not having any criminal antecedents. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

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In the result, the following

ORDER

i) The petition is allowed.

ii) The petitioner is granted bail in Crime No. 532/2025 of Pinya Police Station subject to following conditions:

a) The petitioner –accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/with one surety for the like sum to the satisfaction of the jurisdictional Court.

b) The petitioner –accused No.3 shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner –accused No.3 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

d) The petitioner –accused No.3 shall not commit any offence. If the petitioner found

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having involved in commission of any

offence, the prosecution is at liberty to move an application seeking cancellation of bail granted to him.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 14 Ct.sm