Jayaswamy @ Halaswamy Vs State of Karnataka

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NC: 2026:KHC:14124 CRL.P No. 16809 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 MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 16809 OF 2025 (439(Cr.PC)/ 483(BNSS))

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BETWEEN:

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JAYASWAMY @ HALASWAMY S/O CHANNEGOWDA AGED ABOUT 45 YEARS RESIDING AT NEAR GANESH TEMPLE OPPOSITE SMD APARTMENTS BELLATHUR COLONY, KADUGODI BANGALORE – 560 067. … PETITIONER

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(BY SRI. SHRIRAM ADIGA, ADVOCATE)

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AND:

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI

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Location: High Court of Karnataka

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STATE OF KARNATAKA BY KADUGODI PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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…RESPONDENT

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(BY SMT. ANITHA GIRISH N., HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND DIRECT TO RELEASE THE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL ON THE COMPLAINT FILED BY THE COMPLAINT/STATE SAME IS REGISTERED IN SC NO.257/2025 FOR THE OFFENCES P/U/S 103(1), 109, 3(5) OF THE BNS 2023 PENDING ON THE FILE OF THE 1^ST ADDL. DISTRICT AND SESSIONS JUDGE, AT BENGALURU RURAL.

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NC: 2026:KHC:14124 CRL.P No. 16809 of 2025

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HC-KAR

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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 S RACHAIAH

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ORAL ORDER

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The petition is filed by the petitioner who is

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arrayed as accused No.4 seeking regular bail in Crime No.288/2025 filed by the Respondent-Police for the offences punishable under Sections 103(1), 109, 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023.

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The case of the prosecution is that Smt.Kala N.

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lodged a complaint stating that she had gone to the place of Kumbena Agrahara Road, where she has noticed that her son namely, Puneet alias Nepali was murdered. On enquiry, she learnt that Srikanth and others have committed murder of her son by assaulting him with deadly weapons. The averments of the charge sheet would indicate that the accused and the deceased were residing in the same local area. On 20.04.2025, one Syed Arbaz approached accused No.1 and requested him to make

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3 - NC: 2026:KHC:14124 CRL.P No. 16809 of 2025

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HC-KAR

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financial arrangements to Mohammed Mosin. Accused No.1 introduced another person for the purpose of pledging the scooter. The scooter was pledged for Rs.40,000/-. There was a difference of opinion between Syed Arbaz and accused No.1 in respect of redemption of the said amount.

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Hence, on 10.06.2025, CW.2-Syed Arbaz threatened the accused No.1 that he should redeem the scooter which was pledged for an amount of Rs.40,000/-.

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The Accused No.1 had informed the fact to accused No.2, accused No.2 being a rowdy sheeter had called C.W.2 and threatened him that he should not make

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any nuisance to accused No.1. C.W.2 was annoyed on receiving the phone call of accused No.2 and threatened him that he should not ask about the financial transaction between himself and accused No.1.

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It is alleged that on 10.06.2025, around about

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09.30 pm, accused Nos.1 to 6 and 8 have assaulted C.W.2 and deceased Puneeth alias Nepali. The present petitioner

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NC: 2026:KHC:14124 CRL.P No. 16809 of 2025

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HC-KAR

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is accused No.4. The investigation is completed and charge sheet is filed. As per the averments of the charge sheet, the specific overt act against the petitioner is that he had assaulted C.W.2 with wooden log on his head and caused injuries.

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The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. The motive of the case is that accused No.1 had got the scooter of C.W.28 pledged and received an amount of Rs.40,000/-. C.W.2 had threatened the accused No.1 to get the scooter for redemption. The quarrel was being ensued between the accused No.1 and C.W.2.

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It is further submitted that though it is alleged that accused No.4 had assaulted C.W.2 on his head with wooden log. The fact remains that, he is out of danger and it appears that it is grievous injury. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions.

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HC-KAR

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Per contra, learned High Court Government Pleader vehemently submitted that the petitioner and others, in furtherance of common object and also intention to commit murder of CW.2., he was instructed to come near M.S.D. Apartment and assaulted both C.W.2 and deceased. The deceased died due to the said assault. The present petitioner being accused No.4 had assaulted the C.W.2 on his head and caused injuries. Since he had committed an heinous offence, his application has to be rejected.

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Heard the learned counsel and the respective parties and perused the averments of the charge sheet. The charge sheet would indicate that the petitioner is arraigned as accused No.4. It is stated that there was a difference of opinion between accused No.1 and CW.2 in respect of financial issues. Accused No.1 under the instruction of C.W.2 had pledged the scooter of C.W.28 for Rs.40,000/-. CW.2 was demanding to redeem the scooter. There was a difference of opinion between accused No.1 and C.W.2.

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HC-KAR

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It is alleged that all the accused are assaulted both C.W.2 and deceased Puneeth alias Nepali. The fact remains that, the overt act attributed against the petitioner is that he had assaulted with wooden log on the head of C.W.2 and caused injuries.

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Having considered the overt act of the petitioner, it is appropriate to grant him bail.

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Hence, I proceed to pass the following:

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ORDER

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i. This Criminal Petition is allowed .

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ii. The petitioner is ordered to be enlarged on

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bail on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety to the like sum of the satisfaction of the Trial Court.

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iii. The petitioner shall not commit any similar offence or any other offence till disposal of the present case.

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HC-KAR

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iv. The petitioner shall appear before the trial Court on all hearing dates.

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v. The petitioner shall not tamper the prosecution witnesses.

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In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

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Sd/(S RACHAIAH) JUDGE

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NR/-

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List No.: 1 Sl No.: 26

Jayaswamy @ Halaswamy v. State of Karnataka

Case brief

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Jayaswamy @ Halaswamy v. State of Karnataka

Case brief

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