- 1 - NC: 2025:KHC:7687 CRL.P No. 709 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 709 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SUJITH A.S, S/O LATE SUBRAMANI A.S, AGED ABOUT 32 YEARS, RESIDING KARMAD GRAMAPANCHAYATH, KARMAD VILLAGE, AMMATHI, VIRAJPET TALUK, KODAGU DISTRICT - 571 236. …PETITIONER (BY SRI. PRASANNA RAO R, ADVOCATE) AND: STATE BY VIRAJPET RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.59/2024 OF RESPONDENT VIRAJPET RURAL PS, REGISTERED FOR ALLEGED OFFENCE PUNISHABLE U/S 302 OF IPC, 1860, PENDING ON THE FILE OF THE HONBLE COURT II Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7687 CRL.P No. 709 of 2025 ADDI. DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI, SITTING AT VIRAJPET PENDING IN SC NO: 5035/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is the sole accused in Crime No.59/2024 of Virajpet Rural Police Station, Kodagu. 3. Complaint is lodged by one H.T.Velumuruga, an auto driver by profession. In the complaint he has stated that on 28.04.2024 at about 09:30 p.m., while he was returning from Amathi Nagar, he saw a person assaulting another with a helmet, near Amathi circle, in-front of APCMS. With the help of mobile torch, he identified the accused as Sujith, a resident of Ammathinagar assaulting the victim by name Baburaj. When he enquired with the - 3 - NC: 2025:KHC:7687 CRL.P No. 709 of 2025 accused, he informed that BabuRaju had cheated his mother and ruined his family. Thereafter, the accused went away. The victim was taken to the hospital, however, he succumbed to the injuries on 04.05.2025 at about 16:00 hours despite treatment. 4. Initially case was registered for offence punishable under Section 307, 324 of IPC. Section 302 was incorporated after the victim died. Petitioner was arrested on 29.04.2024. He is in judicial custody. 5. Learned counsel for petitioner has contended that even accepting the case of prosecution, the incident is on account of a quarrel and due to sudden provocation. The petitioner had no intention to commit the murder. He contended that the petitioner has not used any deadly weapons. On the other hand, allegations are that he assaulted the victim with a helmet, after an oral altercation, saying that he has ruined his family and cheated his mother. He therefore, contended that the petitioner who is in judicial custody may be enlarged on bail by imposing any conditions. - 4 - NC: 2025:KHC:7687 CRL.P No. 709 of 2025 6. Learned High Court Government Pleader has opposed the prayer for bail contending that there are several injuries sustained by the victim as per post- mortem report and there are no material to show any provocation on the part of the deceased. He contended that there are eye witnesses to the incident and therefore, there is a prima-facie case against the petitioner for having committed an offence which is punishable with death or imprisonment for life. He contended that if the petitioner is enlarged on bail there is likelihood of tampering the prosecution witnesses and fleeing from justice. Accordingly, sought to dismiss the petition. 7. Deceased is none other than the step father of the accused. According to the prosecution, he assaulted the deceased with a helmet as well as wooden club. Complainant is an eye witness and apart form him, CWs.2 to 5 are the other eye witnesses. At this stage, there is no material to show that the incident was on account of provocation or sudden quarrel. As per post-mortem report, death is due to Craniocerebral injuries following blunt force - 5 - NC: 2025:KHC:7687 CRL.P No. 709 of 2025 truma to the head. In view of the material on record, at this stage, this is not a fit case to enlarge the petitioner on bail. Petitioner is at liberty to move the Sessions Court after the examination of material witnesses. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 26 CT: BHK