Sri. Magesh Babu G Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.338/2025 FOR THE OFFENCE P/U/S 109,61 R/W 3(5) OF BNS 2023 FILED BY THE RESPONDENT ASHOKNAGAR P.S BENGALURU PENDING BEFORE THE HONBLE COURT OF THE XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT 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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The petition is filed by accused No.4 under Section

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483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.338/2025 of Ashok Nagar Police

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Station registered for offences under Sections 109, 61

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read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

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Heard the learned counsel for petitioner and

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learned High Court Government Pleader for

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respondent/State.

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The learned counsel for petitioner would contend that accused No.1 against whom the overt act of holding deadly weapon and trying to assault the injured

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3 - NC: 2026:KHC:6142 CRL.P No. 17319 of 2025

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HC-KAR

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has been granted bail by this Court in Crl.P No.16041/2025 by order dated 07.01.2026. The accusation against the petitioner is that he was with accused Nos.1 and 2 when they chased the injured holding deadly weapon. There is no allegation of any assault by this petitioner to the injured. Therefore the petitioner is entitled for grant of bail on the ground of parity. The injured has sustained injuries due to fall from the compound wall and not by the assault by any of the accused. With this, he prayed to allow the petition.

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Per contra, the learned High Court Government Pleader for respondent/State would contend that the statement of eyewitnesses has been recorded, wherein they have stated the chasing of the injured by two persons holding deadly weapons. The matter is under investigation. If the petitioner is granted bail, there are chances of hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition.

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4 -

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NC: 2026:KHC:6142 CRL.P No. 17319 of 2025

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HC-KAR

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Having heard the learned counsel, the Court

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

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This Court while granting bail to accused No.1 by order dated 07.01.2026 passed in Crl.P No.16041/2025

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has observed as under:

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"6. As per averments of the complaint, there was an incident on 26.10.2025, in which the petitioner has stated to have assaulted the complainant and in turn, the complainant has also assaulted him. On the day of incident i.e., on 27.10.2025 when the complainant was watching the football match in the stadium at that time, the petitioner, accused No.2 and other either (8) friends of the petitioner came to the stadium wherein the petitioner has chased the complainant holding long chopper and at that time, the complainant jumped on the compound and escaped. Considering the said aspect, there is no injury caused by this petitioner on the complainant. The petitioner is in judicial custody since 30.10.2025 and as the major portion of investigation is over, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner".

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The allegation of holding deadly weapon and

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chasing the injured is against accused Nos.1 and 2. The petitioner/accused No.4 is stated to be along with accused

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5 - NC: 2026:KHC:6142 CRL.P No. 17319 of 2025

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HC-KAR

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Nos.1 and 2 at that time. There is no allegation of any assault by this petitioner or holding any deadly weapon. The injured has sustained injuries as he jumped from the compound wall in order to escape. Considering the said aspect, there is no injury caused by the petitioner on the complainant. The petitioner is in judicial custody since 15.11.2025 and as major portion of the investigation is over, he is not required for further custodial interrogation.

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Considering the above aspects, the petitioner has made out a 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) The petitioner is granted bail in Crime

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No.338/2025 of Ashok Nagar Police Station registered for offences under Sections 109, 61 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions.

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6 -

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NC: 2026:KHC:6142 CRL.P No. 17319 of 2025

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HC-KAR

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Jurisdictional Court.

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b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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c) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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BKM List No.: 1 Sl No.: 17

Sri. Magesh Babu G v. the State of Karnataka

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Sri. Magesh Babu G v. the State of Karnataka

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