- 1 - NC: 2025:KHC:9662 CRL.P No. 1959 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1959 OF 2025 BETWEEN: 1. NAGESH T S/O THIPPESWAMY AGED ABOUT 32 YEARS TILES CIVIL WORK NO. 103, HALALKSH ROAD ALI MOHALL, 2ND PIPE LINE CHITRADURGA TOWN CHITRADURGA - 577 501. 2. MANJUNATH T S/O THIMMA REDDY AGED ABOUT 30 YEARS GENTS HAIR STYLISH R/O 3RD PHASE ASHRAYA BADAVANE CHITRADURGA - 577 501. …PETITIONERS (BY SRI IQBAL AHMED KHAN, ADV.) AND: STATE BY CHITRADURGA KOTE POLICE POLICE REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE RELIEF OF REGULAR BAIL TO THE PETITIONERS / ACCUSED NO.1 TO 2 IN CR.NO.187/2024 OF Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9662 CRL.P No. 1959 of 2025 CHITRADURGA KOTE POLICE STATION, PENDING ON THE FILE OF SECOND ADDL. SENIOR CIVIL JUDGE AND JMFC CHITRADURGA IN C.C.NO.1866/2024 FOR THE ALLEGED COMMISSION OF OFFENCS U/S 189(2), 309(4), 189(4),191(3),115(2),118(2),109, 238 R/W 190 OF BNS, 2023 AND TO ALLOW THIS BAIL APPLICATION AS IT IS VERY MUCH NECESSARY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 & 2 in Crime No.187/2024 registered by Chitradurga Kote Police Station, Chitradurga, for the offences punishable under Sections 189(2), 309(4), 103(2), 238, 190 of BNS, 2023, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.187/2024 was registered by Chitradurga Kote Police Station, against the petitioners and others for the offences punishable under Sections 189(2), 189(4), 191(3), 115(2), 118(2), 109, 309(4), 238, 190 of BNS, 2023, based on the first information dated 16.09.2024 received from Gowramma - mother of deceased Ravichandra. During the - 3 - NC: 2025:KHC:9662 CRL.P No. 1959 of 2025 course of investigation of the case, petitioners herein were arrested on 01.10.2024. Investigation of the case is completed and charge sheet has been filed. In the charge sheet, petitioners herein are arrayed as accused nos.1 & 2. Their bail applications filed before the jurisdictional Sessions Court in Crl. Misc. Nos.1664/2024 & 12/2025 were rejected on 28.01.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that petitioners did not have any criminal antecedents and undisputedly they have not used any weapons to assault the deceased. The charge sheet allegations would go to show that they had no intention to commit the murder. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that accused no.1 and the deceased had quarreled with each other and it is in this background, accused no.1 had ill-will against the deceased. On the alleged date of incident, deceased was summoned by the accused persons for the purpose of settling the dispute between the deceased and accused no.1. It is under - 4 - NC: 2025:KHC:9662 CRL.P No. 1959 of 2025 these circumstances, the deceased had come near the spot of alleged incident and after the deceased arrived at the spot of crime, the accused persons allegedly had assaulted him with their hands and legs. Even though deceased ran away from the spot, the accused persons had chased him and assaulted him with hands and legs, and thereafter, at the instance of accused no.1, accused nos.4 & 5 had admitted the injured Ravindra in the hospital with the history of road traffic accident. 7. Undisputedly, petitioners do not have any criminal antecedents. They have not used any weapon to assault the deceased and the allegation against them in the charge sheet is that all the accused persons have assaulted the deceased with their hands and legs. After the deceased had sustained injuries, at the instance of accused no.1, accused nos.4 & 5 had admitted him in the hospital and this aspect of the matter, prima facie, would go to show that the accused persons did not have the intention to commit the murder of the deceased. Investigation of the case is completed and charge sheet has been filed. The allegations made as against the accused persons in the charge sheet is required to be proved in full- fledged trial. Under the circumstances, I am of the opinion that - 5 - NC: 2025:KHC:9662 CRL.P No. 1959 of 2025 petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.187/2024 registered by Chitradurga Kote Police Station, Chitradurga, for the offences punishable under Sections 189(2), 309(4), 103(2), 238, 190 of BNS, 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of - 6 - NC: 2025:KHC:9662 CRL.P No. 1959 of 2025 the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK