- 1 - NC: 2025:KHC:7460 CRL.P No. 723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 723 OF 2025 BETWEEN: SRI. GURU @ GURURAJU S/O. LATE SRI. NANJAPPA, AGED ABOUT 45 YEARS, AGRICULTURIST, R/O. CHANNAPPA GOWDANA PALYA, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130. …PETITIONER (BY SRI. R.B. SADASIVAPPA, ADVOCATE) AND: STATE OF KARNATAKA BY KUNIGAL POLICE STATION, REP. BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. VENKATSATHYANARAYAN, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ 2ND ACCUSED ON BAIL FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120B R/W SECTION 149 OF IPC IN CASE NUMBER C.C. NO.1184/2024 (ARISING OUT OF CR. NO.238/2024) BY THE 1ST RESPONDENT PENDING ON THE FILE OF THE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMAKURU. Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7460 CRL.P No. 723 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.238/2024 of Kunigal Police Station, pending in C.C.No.1184/2024, on the file of the learned II Additional District and Sessions Judge, Tumakuru, registered for the offences punishable under Sections 302, 201, 120B read with Section 149 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Gangadharaiah. 2. Heard Sri. R.B. Sadasivappa, learned counsel for the petitioner and Sri. Venkatsathyanarayan, learned High Court Government Pleader for the respondent -State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: - 3 - NC: 2025:KHC:7460 CRL.P No. 723 of 2025 “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The petitioner being accused No.2 is seeking grant of bail. He was apprehended on 13.06.2024 and since then, he is in judicial custody. 5. Initially, the father of the deceased lodged the first information against unknown driver of the car for having committed the offence under Sections 279 and 304A of Indian Motor Vehicles Act, 1988. However, he expressed suspicion that his son was done to death deliberately by causing accident. After investigation, the charge sheet came to be filed for the above said offence. 6. It is the contention of the prosecution that accused Nos. 1 and 2 were having motive against the deceased and they have filed two separate complaints against the deceased and his father. On the date of incident, with an intention to cause death of the deceased, accused No.1 drove his car along - 4 - NC: 2025:KHC:7460 CRL.P No. 723 of 2025 accused Nos. 2 to 4 and on receiving information from accused No.5 regarding arrival of the deceased in a motor cycle, accused No.1 drove the car and dashed to the motor cycle, as a result of which, the deceased fell down. Accused No.1 took the vehicle on the reverse side and again ran the same over the injured. As a result of which, he succumbed to injuries. Therefore, it is the contention of the prosecution that accused No.1 in collusion with co-accused caused the death of the deceased. 7. As per PM report, the deceased had sustained as many as 9 external injuries, out of which, there was fracture of right arm, 5 abrasions, out of which, two are multiple abrasions, 3 lacerated wounds on the left frontal region, over occipital region and left parietal occipital region. The cause of death is due to shock, hemorrhage and head injury sustained. 8. Even though, it is the specific contention of the prosecution that it was not an accident but it is a deliberate act on the part of accused No.1 in driving the vehicle and dashing it against the motor cycle repeatedly to cause the death of the deceased, the prosecution is required to prove the allegation by - 5 - NC: 2025:KHC:7460 CRL.P No. 723 of 2025 leading evidence. The petitioner was not behind the wheels, but he was the inmate of the car while accused No.1 was driving the vehicle. Admittedly, the petitioner is not having any criminal antecedents. Considering all these facts and circumstances, I am of the opinion that the petitioner is entitled for grant of bail subject to conditions, which will take care of the interest of the prosecution. 9. Accordingly, I answer the above point in the Affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.238/2024 of Kunigal Police Station, pending in C.C.No.1184/2024, on the file of the learned II Additional District and Sessions Judge, Tumakuru, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. - 6 - NC: 2025:KHC:7460 CRL.P No. 723 of 2025 c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 12