- 1 - NC: 2025:KHC:4244 CRL.P No. 299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 299 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. DARSHAN AGED ABOUT 19 YEARS, S/O BALARAJU R/AT RANGASAMUDRA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK MYSURU DISTRICT - 571124. …PETITIONER (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: STATE OF KARNATAKA BY S.H.O. OF BANNUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, AMBEDKAR VEEDHI BANGALORE - 560001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN C.C.NO.1509/2024 (CR.NO.194/2024 OF BANNUR P.S) FOR THE OFFENCES PUNISHABLE UNDER SECTION 352, 126(2), 115, 103(1) OF BNSS PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C., T.NARASIPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4244 CRL.P No. 299 of 2025 ORAL ORDER Heard the learned counsel for the petitioner and learned HCGP for the State. 2. This petition under Section 483 of BNSS, 2023 is preferred by the petitioner praying to enlarge him on bail in Cr.No.194/2024 of Bannur police station, registered for offences punishable under Sections 352, 126(2), 115 and 103(1) of BNS, 2023. 3. The FIR was registered on the basis of a complaint lodged by CW.1 - B.Sharath son of the deceased stating that his father - Vasudeva Rangasamudra was working as a helper in Rangasamudra Milk Cooperative Society since 10 years and thereafter, he was working as a milk tester. One Balaraju was working as secretary in the said Rangasamudra Milk Cooperative Society and his son i.e., petitioner was also working as a helper in the said society on daily wages. On 21.08.2024, at about 06:15 p.m. to 07:30 p.m., the petitioner was loading milk cans. He asked his father - Balaraju to direct the deceased to load milk cans to the vehicle. The deceased opposed and told the petitioner to do his work. Being enraged by the same, the petitioner abused him in the filthy language - 3 - NC: 2025:KHC:4244 CRL.P No. 299 of 2025 and pushed the deceased forcefully, due to which, he fell down and sustained injuries to his head, neck and other parts of the body. Immediately he was taken to Bannur Government hospital, wherein they advised to take him to higher hospital at Mysuru. Hence, he was shifted to JSS hospital, Mysuru. However, he went to coma and therefore shifted to ICU for treatment. 4. The incident took place on 21.08.2024 at about 06:15 to 06:40 p.m., The complainant was informed about the incident by his cousin - Prabhakar R.H. Immediately complainant went and enquired with his father who narrated about the incident. Thereafter the complainant took his father to Bannur Government hospital and from there to JSS hospital, Mysuru. While undergoing treatment at about 10:30 pm., his father fell unconscious and therefore he was shifted to ICU. 5. The victim died in the hospital on 30.08.2024. As per postmortem report, the cause of death is due to complications of injuries sustained to cerebral vertebrae. - 4 - NC: 2025:KHC:4244 CRL.P No. 299 of 2025 6. As per prosecution, CW.2 - Prabhakar R.H. is an eye witness to the incident. Perused his statement and the material on record. 7. From the material on record, at this stage it cannot be stated that there was intention on the part of the accused to commit murder. According to the prosecution when the accused pushed the deceased, he fell down and sustained injuries to his head and neck. He died after a period of 09 days while undergoing treatment in the hospital. Petitioner is aged about 19 years. He has no bad antecedents. He is in custody from 31.08.2024. The charge sheet is already filed. Considering the facts and circumstances of the case, the petitioner can be released on bail subject to conditions. Accordingly, the following:- ORDER Petition is allowed. Petitioner/accused in Crime No.194/2024 of Bannur Police Station, pending in C.C.No.1509/2024 on the file of the Court of Principal Civil Judge and JMFC, T.Narasipura, shall be enlarged on bail, subject to following conditions: - 5 - NC: 2025:KHC:4244 CRL.P No. 299 of 2025 1. He 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. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HJ List No.: 1 Sl No.: 34