- 1 - NC: 2025:KHC:12756 CRL.P No. 866 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 866 OF 2025 (439(Cr.PC)/ 483(BNSS)) BETWEEN: KRISHNAPPA S/O LATE PAPANNA, AGED ABOUT 60 YEARS, LOKKOJANAHALLI VILLAGE, KAILANCHA HOBLI, RAMANAGAR TALUK AND DISTRICT-562 159. …PETITIONER (BY SRI. SREE RAMAREDDY R.V., ADVOCATE) AND: 1. STATE BY RAMANAGARA RURAL POLICE STATION RAMANAGARA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL ON SC NO.76/2024 U/S 302 OF IPC, CRIME NO. 107/2024 U/S 302 OF IPC OF RAMANAGARA RURAL POLICE STATION, PENDING ON THE FILE OF HON'BLE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:12756 CRL.P No. 866 of 2025 III ADDITIONAL DISTRICT AND SESSIONS COURT, RAMANAGARA BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.76/2024 pending before the Court of III Additional District and Sessions Court, Ramanagara, arising out of Crime No.107/2004 registered by Ramanagara Rural Police Station, Ramanagara for offence under Section 302 of Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.107/2004 was registered by Ramanagara Rural Police Station, Ramanagara for the aforesaid offence against the petitioner on the basis of the first information dated 18.05.2024 received from Manu LR - son of Ramakrishna. 4. During the course of investigation of the case, petitioner herein was arrested on 18.05.2024 and - 3 - NC: 2025:KHC:12756 CRL.P No. 866 of 2025 subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet is filed against him for the aforesaid offence. Bail application filed by the petitioner in Crl.Misc.No.903/2024 before the Jurisdictional Sessions Court which was rejected on 22.11.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner aged about 60 years has no other criminal antecedents and he is in custody for the last more than 10 months. Deceased, who was the son of the petitioner was in habit of abusing and assaulting the petitioner in furtherance of demand for money and even on the date of alleged incident, deceased had quarrelled with the petitioner and assaulted him. It appears that incident in question had taken place in a spur of the moment. Wife of the petitioner, who is the alleged eye- witness has not witnessed petitioner assaulting deceased and she had came to the spot of the crime after the crime was committed. He also submits that petitioner is suffering from serious age related ailments and he is a chronic diabetic patient. Accordingly, prays to allow the petition. - 4 - NC: 2025:KHC:12756 CRL.P No. 866 of 2025 6. Per contra, learned High Court Government Pleader has opposed the petition. She submits that wife of the petitioner Smt. Gowramma (CW-2) is the eye-witness to the incident in question. If the petitioner is enlarged on bail, he may tamper the prosecution witness. Accordingly, she prays to dismiss the petition. 7. Perusal of the material on record would go to show that, deceased Bhaskar, son of petitioner had suffered loss in his business and he was repeatedly demanding money with his father, also was abusing and assaulting him in furtherance of his demand for money. CW-2 also has spoken to the aforesaid aspect of the matter and material on record would go to show that petitioner had paid substantial amount to the deceased and inspite of the same, the deceased was making further demand for payment of money. On the alleged date of incident, CW-2 had heard somebody shouting from the hall of their house at about 12.00 am on the intervening night of 17.05.2024 and 18.05.2024 and when she came out of her room, she found her son lying dead on the deewan placed in the hall of the house. The petitioner allegedly was holding a machete in his hands. Allegation against the petitioner is that - 5 - NC: 2025:KHC:12756 CRL.P No. 866 of 2025 he had assaulted the deceased who was sleeping in the hall of the house. According to the petitioner, deceased had quarreled with him in furtherance of demand for money and in a spur of the moment, he had assaulted his son and as a result, in the incident in question, his son had died. 8. Petitioner aged about 60 years having no criminal antecedents is in custody from 18.05.2024. Learned counsel for the petitioner has produced certain medical records of the petitioner which would go to show that he is chronic diabetic and also suffering with certain other age related ailments. It appears that he was taking treatment for his ailment even prior to his arrest in the present case. The jail authorities have also admitted him to the hospital on multiple occasions for the purpose of his treatment. Undisputedly, CW-2 was not present at the spot of crime when the petitioner allegedly had assaulted his son with a weapon and the material on record would go to show that she has arrived at the spot of the crime only after the crime was allegedly committed by the petitioner. Considering the aforesaid aspects of the matter and also taking into consideration the age and medical condition of the petitioner, I am of the opinion that the prayer made by the - 6 - NC: 2025:KHC:12756 CRL.P No. 866 of 2025 petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.107/2004 registered by Ramanagara Rural Police Station, Ramanagara for offence under Section 302 of IPC, subject to the following conditions: a) 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; b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 7 - NC: 2025:KHC:12756 CRL.P No. 866 of 2025 e) 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 41