Mr. Abhishek @ Bpooth Vs State by

THIS CRL.P IS FILED U/S 483 BNSS, 2023, PRAYING TO ENLARGE THE PETITIONER ON BAIL CRIME NO.48/2025 IN CC.NO.5310/2025 DTD 27.09.2025 UNDER SECTION 189(2), 132, 352, 351(2), 351(3), 109, 121(1), 121(2), 190 OF BNSS, 2023, AND KARNATAKA POLICE ACT U/S 113, 114 REGISTERED BY THE RESPONDENT POLICE/OORGAUM P.S., AT

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HC-KAR

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K.G.F, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, KOLAR DISTRICT, K.G.F.

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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 VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No. 48/2025 registered by the

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Oorgaum Police Station, K.G.F., for the offences punishable under Sections 189(2), 132, 352, 351(2), 351(3), 109, 121(1), 121(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Sections 113, 114 of the Karnataka Police Act, is before this Court in this successive bail petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

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

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FIR in Crime No. 48/2025 was registered by the Oorgaum Police Station, K.G.F., i nitially for offences

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punishable under Sections 1 89(2), 115(2), 132, 121(1), 109, 352, 351(2), 190 of BNS, 2023, against the petitioner herein and 5 others based on the first information dated 08.08.2025 received from Ramesh Eerappa Jambagi, police constable attached to O orgaum Police Station, K.G.F. During the course of investigation of the said case, petitioner was arrested on 09.08.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.14192/2025 which was rejected by the Co-ordinate Bench of this Court on 04.12.2025. It appears that some of the other accused have been granted bail in the present case after the bail petition of the petitioner was rejected by this Court. It is under these circumstances, petitioner is before this Court in this successive bail petition.

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4. Learned counsel for the petitioner submits that the allegation of assaulting the injured victims is only as against accused Nos. 2 to 6. Some of the accused have

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been granted regular bail by this Court. In the incident in question, the only grievous injury sustained is on the left little finger of one of the injured victims in the present case. All the other injuries are simple injuries and the victims were treated as outpatients. Investigation of the case is already completed. In the other criminal cases registered against the petitioner, he is enlarged on bail, Accordingly, he prays to allow the petition.

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5. Per contra, learned Additional SPP who has opposed the bail petition submits that the petitioner is a rowdy sheeter and in violation of the externment order dated 05.06.2025 passed against him, he had entered his village on 17.06.2025 and when an attempt was made to apprehend him on 08.08.2025, petitioner and his relatives have assaulted the police constables who were on duty. She accordingly prays to dismiss the petition.

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6. The first information is submitted in the present

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case on 08.08.2025 by one of the police constables who

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was injured in the alleged incident that had taken place on 08.08.2025 near the house of the victim, when the two injured victims had gone to apprehend the petitioner, who had returned to his village in violation of the externment order that was passed against him by the competent officer on 05.06.2025. Petitioner was arrested in the present case on 09.08.2025 and remanded to judicial custody. After completing the investigation, charge sheet has been filed against 6 persons and petitioner is arraigned as accused No.1 in the charge sheet.

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7. The charge sheet material would reveal that the Sub-Divisional Assistant Commissioner had passed an order on 05.06.2025 externing the petitioner out of Kolar District for period of 6 months i.e. from 05.06.2025 to 05.12.2025. Petitioner had allegedly violated the said order and returned to his village within the jurisdiction of Oorgaum Police Station, K.G.F., on 17.06.2025. The jurisdictional police who received credible information that petitioner was in his village, on 08.08.2025 at about 4.30

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p.m. went to the village of the petitioner to apprehend him. Petitioner after seeing the two police constables who had gone to apprehend him, allegedly abused them and also assaulted them with his hands. However, the police constables had managed to apprehend the petitioner and at that time, accused Nos. 2 to 6 who are the relatives of the petitioner came there and after abusing the police constables using filthy language allegedly assaulted them. Petitioner twisted the left hand of C.W.2 - Ashok and as a result, Ashok had suffered one grievous injury on his left little finger. All other injuries suffered by C.W.1 and C.W.2 are abrasions and are simple in nature.

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8. Undisputedly, the accused persons have not used any weapon to assault the injured victims in the present case and it appears that injuries were suffered by the victims after there was a scuffle between the two parties. It is not in dispute that accused Nos. 2, 3 and 6 who were arrested in the present case were granted regular bail by this Court in Crl.P.No. 12702/2025 by the

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Co-ordinate Bench of this Court on 03.11.2025. After the bail application of the petitioner was rejected by this Court earlier on 04.12.2025, accused no. 5 has been granted regular bail in Crl.P.No. 12995/2025 by the Co-ordinate Bench of this Court on 12.02.2026.

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9. It is not in dispute that in the other criminal cases registered against the petitioner earlier, he has been granted bail. The Hon'ble Supreme Court in the case of Prabhakar Tewari v. The State of Uttar Pradesh - (2020) 11 SCC 648 has held that antecedents of an accused cannot be a sole ground for denying bail to accused, who is otherwise found entitled for the same.

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Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to certain stringent conditions which can take care of the apprehension expressed by the learned Additional SPP. Accordingly, the following:

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HC-KAR

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ORDER

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 48/2025 registered by the Oorgaum Police Station, K.G.F., for the offences punishable under Sections 189(2), 132, 352, 351(2), 351(3), 109, 121(1), 121(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Sections 113, 114 of the Karnataka Police Act, subject to the following conditions:

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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 two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the date of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of.

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f) Petitioner shall mark his attendance before the Station House Officer of Oorgaum Police Station, K.G.F, between 10.00 a.m. and 01.00 p.m. on every Sunday, till the case registered against him is disposed of.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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Mr. Abhishek @ Bpooth v. State by

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Mr. Abhishek @ Bpooth v. State by

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