AI Structured Summary
Not yet generated for this judgment
Judgment
Accused No.1 in Crime No.39 of 2026 registered by Channarayapatna Rural Police Station, Hassan District, for the offences punishable under Sections 118(2), 352, 189(2), 189(4), 126(2), 109, 115(2), 351(2), 118(1), 190 of BNS, 2023 is before this Court in this successive petition filed under Section 483 of BNSS, 2023 is seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.39 of 2026 was registered by Channarayapatna Rural Police Station, Hassan District, against the petitioner and others for the aforesaid offences, based on the first information dated 04.04.2026 received from Sanjay, who is the injured victim in the present case.
During the course of investigation of the said case, petitioner was arrested on 04.04.2026 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Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.7015/2026 which was dismissed as withdrawn vide order dated 06.07.2026 with liberty to the petitioner to approach the Jurisdictional Sessions Court a fresh, since charge sheet was filed during the pendency of the said petition. Subsequently, petitioner had filed a fresh bail application before the Jurisdictional Sessions Court in Crl.Mis.No.723/2026 which was rejected on 17.07.2026. Therefore, he is before this Court.
Perusal of the material on record would go to show that on 04.04.2026, CW1-Sanjay and his friend Likith had gone to attend their village festival in car bearing Reg.No.KA-13-MA-3252. Petitioner who was present in the village festival allegedly stared at CW1. Subsequently, when CW1 and his friend were returning from the village festival in their car, petitioner and other accused persons followed them in another car and intercepted them. Petitioner who got down from his car allegedly abused CW1 using filthy language and thereafter assaulted him with a beer bottle on his head. Subsequently, petitioner also assaulted CW1 with the knife on his hand and caused injuries.
The Wound certificate of injured victim - Sanjay (CW1) would go to show that he had suffered 3 injuries in the incident in question and the nasal bone fracture injury is considered to be one grievous injury, he has suffered. Other injuries are said to be simple in nature. Petitioner is in custody in the present case for the last nearly 10 months. Investigation of the case is now completed. All the other accused persons have been granted bail in the present case. It is brought to the notice of this Court by the learned HCGP that, petitioner is a person with criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:
O R D E R
The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.39 of 2026 registered by Channarayapatna Rural Police Station, Hassan District, for the offences punishable under Sections 118(2), 352, 189(2), 189(4), 126(2), 109, 115(2), 351(2), 118(1), 190 of BNS, 2023 subject to the following conditions:
The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
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.
The Petitioner shall appear before the Station House Officer of Channarayapatna Rural Police Station, Hassan District on every second and fourth Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance regularly for a period of one year from the date of his release from custody.