Sri. Madhu K., Vs State of Karnataka

SRI. MADHU K., S/O. KRISHNAPPA, AGED ABOUT 21 YEARS, RESIDING AT NO.21, 2ND CROSS, 2ND MAIN, 15TH 'F' BUS STAND, KUMARASWAMY LAYOUT, BENGALURU - 560 078.

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Digitally signed by KAVYA R Location: High Court of Karnataka

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(BY SRI. SRINIVASA D.C, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY BANASHANKARI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…PETITIONER

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…RESPONDENT

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(BY SMT. PUSHPALATHA B, ADDL. SPP)

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NC: 2025:KHC:13649 CRL.P No. 3361 of 2025 C/W CRL.P No. 3349 of 2025 CRL.P No. 3433 of 2025 CRL.P.No.3476/2025

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN RESPECT OF THE CASE REGISTERED BY THE RESPONDENT BANASHANKARI POLICE REGISTERED IN CR.NO.40/2025 U/S.189(2), 189(4), 191(3), 115(2), 118(1), 109(1), 352, 190 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE 2nd ACMM, BENGALURU CITY.

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IN CRL.P NO. 3349/2025

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BETWEEN:

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SRI. ALTHAF. M S/O LATE. MOULA, AGED ABOUT 22 YEARS, RESIDING AT NO.84, NEAR R.R. VIVA HOSPITAL, MINAZ NAGARA, KUMARASWAMY LAYOUT 2ND STAGE, BENGALURU - 560 078.

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...PETITIONER

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(BY SRI. SRINIVASA D.C, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY BANASHANKARI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, CITY CIVIL COURT COMPLEX, BENGALURU - 560 009.

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...RESPONDENT

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(BY SMT. PUSHPALATHA B, ADDL. SPP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.2 ON REGULAR BAIL IN RESPECT OF THE CASE REGISTERED BY THE RESPONDENT BANASHANKARI

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NC: 2025:KHC:13649 CRL.P No. 3361 of 2025 C/W CRL.P No. 3349 of 2025 CRL.P No. 3433 of 2025 CRL.P.No.3476/2025

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POLICE REGISTERED IN CR.NO.40/2025 U/S 189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 109(1), 352, 190 OF BNS, 2023, PENDING ON THE FILE OF THE HONBLE 2ND ADDL. CMM COURT AT BENGALURU CITY.

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IN CRL.P NO. 3433/2025

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BETWEEN:

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SRI. HEMANTH S. @ KUNTA, S/O. SRINIVAS, AGED ABOUT 18 YEARS, RESIDING AT NO.24, 2ND CROSS, 2ND MAIN, 15TH 'F' BUS STAND, KUMARASWAMY LAYOUT, BENGALURU - 560 078.

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...PETITIONER

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(BY SRI. SRINIVASA D.C, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY BANASHANKARI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.

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...RESPONDENT

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(BY SMT. PUSHPALATHA B, ADDL. SPP)

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THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED NO.5 ON REGULAR BAIL IN RESPECT OF THE CASE REGISTERED BY THE RESPONDENT BANASHANKARI POLICE REGISTERED IN CR.NO.40/2025 U/S 189(2), 189(3), 191(3), 115(2), 118(1), 109(1), 352, 190 OF BNS, 2023, PENDING ON THE FILE OF THE HONBLE 2ND ADDL. C.M.M COURT, AT BENGALURU CITY.

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NC: 2025:KHC:13649 CRL.P No. 3361 of 2025 C/W CRL.P No. 3349 of 2025 CRL.P No. 3433 of 2025 CRL.P.No.3476/2025

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IN CRL.P NO. 3476/2025

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BETWEEN:

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SRI. CHANDRU @ CHINNU, S/O. SHANKAR, AGED ABOUT 21 YEARS, RESIDING AT NO.38, 34TH CROSS, VAISHNAVINAGAR, KUMARASWAMY LAYOUT, 1ST STAGE, J.P. NAGAR, BENGALURU - 560 078.

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...PETITIONER

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(BY SRI. SRINIVASA D.C, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY BANASHANKARI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.

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...RESPONDENT

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(BY SMT. PUSHPALATHA B, HCGP)

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THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.4 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT BANASHANKARI POLICE IN RESPECT OF THE CASE REGISTERED IN CR.NO.40/2025 U/S 189(2), 189(4), 191(3), 115(2), 118(1), 109(1), 352, 190 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE 2ND ADDL. CMM COURT AT BENGALURU CITY.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused Nos.1, 2, 4 and 5 in Crime No.40/2025 registered by Banashankari Police Station, Bengaluru City, for the offences punishable under Sections 189(2), 189(4), 191(3), 115(2), 118(1), 109(1), 352, 190 of BNS, 2023 are before this Court in the above captioned four petitions seeking regular and anticipatory bail and therefore, they are heard together and disposed off by this common order.

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Heard the learned Counsel for the parties.

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FIR in Crime No.40/2025 was registered by

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Banashankari Police Station, Bengaluru City, for the aforesaid offences against accused No.1-Madhu and eight to nine unknown persons based on the first information dated 04.02.2025 received from injured victim Ajith R S/o Rajan.

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During the course of investigation of the case, accused No.1 was arrested on 07.02.2025, Accused No.2 was arrested on 10.02.2025 and accused No.5 arrested on 05.02.2025, their regular bail application filed before the Jurisdictional Sessions Court was rejected. Therefore, they are before this Court in Crl.P.Nos.3361/2025, 3349/2025 and 3433/2025 respectively. Apprehending arrest in the case accused No.4 had filed Crl.Misc.No.1202/2025 before the Jurisdictional Sessions Court which was rejected on 22^nd February, 2025. Therefore, he is before this Court in Crl.P.No.3476/2025 seeking anticipatory bail.

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Learned Counsel for the petitioner submits that petitioners do not have any criminal antecedents. The incident in question had taken place after the first informant had initially assaulted accused No.1 on 03.02.2025. The first informant, who was admitted to the hospital has been already discharged and his condition is stable. Major portion of the investigation of the case is completed. Accordingly, he prays to allow these petitions.

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Per contra, learned HCGP has opposed the petition. She submits that wound certificate of injured victim Ajith would go to show that he has suffered grievous injuries and he was admitted in a hospital for a period of one week. Accordingly, she prays to dismiss these petitions.

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Perusal of the first information submitted by the injured victim Ajith would go to show that on 03.02.2025 at about 2:30 p.m, when Ajith and his friend-punith were travelling in a two-wheeler, accused No.1 came from the opposite side driving his auto-rickshaw in a zigzag manner, when the first informant questioned accused No.1, he allegedly abused the first informant and therefore, first informant assaulted accused No.1 with his hands. Subsequently, on the same day at about 8:40 p.m. accused No.1 along with his friends came to the place where first informant and his friends were consuming juice and assaulted the first informant with weapons and as a result first informant had suffered grievous injuries.

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Undisputedly, petitioners herein do not have any criminal antecedents. Accused Nos.1, 2 and 5 are arrested in the present case and weapons used to commit the offence are already seized. The first informant who was admitted in the hospital has been discharged on 13.02.2025 and his medical records would go to show that his condition is stable.

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9. Wound Certificate of the first informant would

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go to show that though he has suffered grievous injuries in the incident in question the said injures are not on the vital part of his body. Petitioners are youngsters having no criminal antecedents. Considering the aforesaid aspects of the matter and the background in which the incident in question had taken place, I am of the opinion that the prayer made by the petitioners for grant of regular bail and anticipatory bail needs to be answered affirmatively. Accordingly, the following:

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ORDER

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The Criminal petitions are allowed .

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The petitioners/accused Nos.1, 2 and 5 are directed to be enlarged on bail in Crime No.40/2025 registered by Banashankari Police Station, Bengaluru City, for the offences punishable under Sections 189(2), 189(4), 191(3), 115(2), 118(1), 109(1), 352, 190 of BNS, 2023, subject to the following conditions:

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a) Petitioners/accused Nos.1, 2 and 5 shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) Petitioners/accused Nos.1, 2 and 5 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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c) Petitioners/ accused Nos.1, 2 and 5 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) Petitioners/ accused Nos.1, 2 and 5 shall not involve in similar offences in future;

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e) Petitioners/ accused Nos.1, 2 and 5 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner/accused No.4 in the event of his arrest in Crime No.40/2025 registered by Banashankari Police Station, Bengaluru City, for the offences punishable under Sections 189(2), 189(4), 191(3), 115(2), 118(1), 109(1), 352, 190 of BNS, 2023, subject to the following conditions:

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Petitioner/accused No.4 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

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Petitioner/accused No.4 shall regularly appear before the trial Court without fail unless exempted by the trial Court for valid reasons.

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NC: 2025:KHC:13649 CRL.P No. 3361 of 2025 C/W CRL.P No. 3349 of 2025 CRL.P No. 3433 of 2025 CRL.P.No.3476/2025

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Petitioner/accused No.4 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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Petitioner/accused No.4 shall not involve in similar offences in future;

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 81 CT: BHK

Sri. Madhu K., v. State of Karnataka

Case brief

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Sri. Madhu K., v. State of Karnataka

Case brief

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