- 1 - NC: 2025:KHC:10982 CRL.P No. 2369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2369 OF 2025 BETWEEN: AMARNATH M S/O MUNIMARAPPA AGED ABOUT 29 YEARS R/AT CHITRAVATHI APARTMENT NO.404, B- BLOCK, HENNRU BAGALURU MAIN ROAD KOTTANURU, BANGALORE - 560 077. …PETITIONER (BY SRI BHARATH KUMAR VINDHYALA, ADV.) AND: STATE OF KARNATAKA BY HENNUR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN C.C.NO.63632/2024 (CRIME NO.244/2024) FOR OFFENCES P/U/S 506, 504, 143, 149, 323 AND 302 OF IPC REGISTERED BY THE RESPONDENT HENNUR POLICE AND PENDING BEFORE THE HONBLE XI ADDL. CHIEF JUDICIAL MAGISTRATE, BANGALORE AND COMMITTED TO THE SESSIONS COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10982 CRL.P No. 2369 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No. 5 in Crime No.244/2024 registered by Hennur Police Station, Bengaluru City for the offences punishable under Sections 506, 504, 143, 149, 323, 302 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.244/2024 registered by Hennur Police Station, Bengaluru City against unknown person initially for the offences punishable under Sections 323, 324, 307, 504, 506 & 149 of IPC, on the basis of first information dated 20.05.2024 received from Sri Mathew J S/o Joseph (CW1), who is the injured in the present case. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 06.06.2024. After completing investigation, charge sheet was filed against six persons for the offences punishable under Sections 143, 323, 324, 307, 504, 506 - 3 - NC: 2025:KHC:10982 CRL.P No. 2369 of 2025 R/w 149 of IPC. The injured Udaykumar who was admitted in the hospital subsequently died in the hospital on 26.09.2024. Thereafter, the offence punishable under Section 302 of IPC was invoked in the present case. After completing the investigation now additional charge sheet is filed for the offences punishable under Sections 506, 504, 143, 149, 323 & 302 of IPC. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.25021/2025 was dismissed on 04.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner who has no criminal antecedents is in custody from 06.06.2024. The allegation against the petitioner is that he had assaulted deceased Uday Kumar with his hands. The injured Uday Kumar has died in the hospital after a period of more than five months. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:10982 CRL.P No. 2369 of 2025 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that, on the intervening night of 18.05.2024 and 19.05.2024, when CW.1 Mathew and deceased Uday Kumar were consuming alcohol in a bar and restaurant, accused Nos.1 to 6 who came there quarreled with CW1 and Uday Kumar, after accused No.3 pointed out at Uday Kumar and had stated that he was the person, who had committed theft of his mobile phone. Thereafter, accused persons forcibly took CW1-Mathew and Uday Kumar along with them in their motorcycle to an isolated place and they allegedly assaulted Uday Kumar. 8. The allegation of assaulting Uday Kumar on his head with a plastic pipe is as against accused No.1. Accused Nos.3 to 6 allegedly assaulted Uday Kumar with their hands and legs and accused No.2 allegedly lifted Uday Kumar and dropped him to the ground. - 5 - NC: 2025:KHC:10982 CRL.P No. 2369 of 2025 9. Perusal of the material on record would go to show that, immediately after assault was made by the accused persons, they had used the mobile phone of CW1 and had informed CW.23, who is the father of CW.1 about the assault made by them and thereafter they had left the spot. The injured Uday Kumar who was admitted in the hospital has subsequently died in the hospital on 26.09.2024. The postmortem report of the deceased would reveal that the death is due to "Septicaemia as a result of consolidation of lungs". Undisputedly, the petitioner has no criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.244/2024 registered by Hennur Police Station, Bengaluru City for the offences punishable under Sections - 6 - NC: 2025:KHC:10982 CRL.P No. 2369 of 2025 506, 504, 143, 323 & 302 R/w 149 of IPC, subject to the following conditions: a) The petitioner 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; 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; SD/- (S VISHWAJITH SHETTY) JUDGE NMS