Rashith & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

Crl.P.No.16483/2025 is filed accused Nos.3 and 4 under Section 483 of BNSS and Crl.P.No.16488/2025 is filed by accused No.1 under Section 482 of BNSS. Both petitions filed praying to grant bail/anticipatory bail in Crime No.225/2025 of Brahmava Police Station registered for offences punishable under Sections 109(1), 137(2), 115(2), 352 read with Section 190 of BNS.

Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent -State.

Learned counsel for petitioners would contend that the accused No.5 who is similarly placed to that of these petitioners has been granted bail in Criminal Petition No.16184/2025 and therefore, these petitioners -accused Nos.1, 3 and 4 are also entitled for grant bail on the ground of parity. The injured has sustained only two simple injuries and they are not on vital part and therefore, offence punishable under Section 109 is not attracted. Petitioners are in judicial custody since 31.10.2025 and as major portion of the investigation is over, they are not required for custodial interrogation. With this, he prays to allow the petition.

Per contra, learned High Court Government Pleader for the respondent -State would contend that petitioners have taken the injured in the car and assaulted him with hands. The matter is still under investigation. With this, he prayed to reject the petition.

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

There are two incidents narrated in the complaint took place on 29.10.2025, one in the afternoon, and another at 09.15p.m. Petitioners have called the injured in the evening for settlement. In the night at 09.15p.m., accused Nos. 1, 2 and 5 came in car and accused Nos.3 and 4 - petitioners and Chetan came and accused Nos.1 to 5 took the complainant in car to ground and all accused have surrounded him and accused No.2 has assaulted him with hand on his left cheek and other accused have pushed him and assaulted with hands. Thereafter, accused No.2 has assaulted with rod on his head and he escaped and it caused injury to his left eye and left ear. The injured was further taken in the car and accused Nos.1 and 2 have assaulted him and he lost consciousness and when he regained consciousness he was fallen near Bakur Bridge. Accused No.1 has assaulted the injured complainant with hands. Considering the above aspects, the allegation against petitioners -accused Nos.1, 3 and 4 is that they assaulted the injured -complainant with hands. On perusal of the wound certificate, the injured sustained 02 simple injuries. The petitioners are in judicial custody since 30.10.2025. As major portion of investigation is over, they are not required for further custodial interrogation. There are no criminal antecedents of petitioners. Considering the above aspects, the petitioners have made out case for grant of bail/anticipatory bail with conditions.

In the result, the following

ORDER

i) Both petitions are allowed.

ii) Petitioners -accused Nos. 3 and 4 are granted bail and petitioner -accused No.1 is granted anticipatory bail in Crime No.225/2025 of Brahmava Police Station registered for offences punishable under Sections 109(1), 137(2), 115(2), 352 read with Section 190 of BNS subject to following conditions:

a) Petitioners -accused Nos. 3 and 4 shall execute bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Jurisdictional Court.

b) Petitioner -accused No.1 shall voluntarily appear before the Investigating Officer/Jurisdictional Court within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Investigating Officer/Jurisdictional Court.

c) Petitioner -accused No.1 shall attend the police station on every Sunday for a period of one month or till filing of the final report whichever is earlier.

d) Petitioners -accused Nos. 1, 3 and 4 shall not tamper the prosecution witnesses either directly or indirectly.

e) Petitioners -accused Nos. 1, 3 and 4 shall attend the trial court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.