- 1 - NC: 2025:KHC:13093 CRL.P No. 2863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2863 OF 2025 BETWEEN: DHANUSH @ DIAMOND S/O MUNISWAMY, AGED ABOUT 25 YEARS, R/AT NO.526, PANDITHA JAVAHARALAL NEHRU ROAD, KUVEMPUNAGARA JALAHALLI, BENGALURU -560 014 …PETITIONER (BY SRI. SRINIVASA GOWDA K., ADV.) AND: THE STATE OF KARNATAKA BY SHO COTTONPET PS, BENGALURU CITY, REPTD BY GOVT PLEADER, HIGH COURT BUILDING BENALURU -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 THE PETITIONER ON BAIL IN CR.NO. 143/2024 AND C.C. NO. 37605 / 2024 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103(1) R/W 3(5) OF B.N.S. REGISTERED BY THE RESPONDENT POLICE/ COTTONPET PS, BENGALURU, PENDING ON THE FILE OF NOW V ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13093 CRL.P No. 2863 of 2025 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 No.4 in Crime No.143/2024 registered by Cottonpet Police Station, Bengaluru City, for offences punishable under Section 103(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.143/2024 was registered by Cottonpet Police Station, Bengaluru City, for the aforesaid offences against Sharath and others, on the basis of the first information dated 22.08.2024 received from Smt. Anandi - wife of deceased Sharath Kumar. 4. During the course of investigation of the case, the petitioner herein was arrested on 20.11.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet is filed against six - 3 - NC: 2025:KHC:13093 CRL.P No. 2863 of 2025 persons and petitioner is arrayed as accused No.4 in the charge sheet. Bail application filed by the petitioner in Crl.Misc.No.10903/2024 before the Jurisdictional Sessions Court was rejected on 12.12.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that CWs-2 and 3 are the eye-witnesses to the incident in question, who have spoken to about the role of the petitioner in committing the crime of deceased-Sharath Kumar. 7. Perusal of the FIR registered in the present case would go to show that, name of the petitioner is not found in the FIR. Based on the information received from CW-2, the first informant had approached the police and had submitted the first information. 8. During the course of investigation of the case, petitioner herein was arrested and remanded to judicial custody. Investigation of the case is completed and the charge - 4 - NC: 2025:KHC:13093 CRL.P No. 2863 of 2025 sheet is filed against six accused persons. As per the charge sheet allegation, accused No.1-Sharath is the 3rd husband of accused No.3 - Vinodini. On 22.08.2024, at about 5.30 am, deceased Sharath Kumar and CW-2 were having tea at Amin Tea shop. Accused Nos. 1 to 4 and 6 came to the very same tea shop to have tea. Deceased Sharath Kumar allegedly abused accused No.3 using filthy language and accused No.1 therefore quarreled with deceased. Accused Nos. 1 to 4 and 6 allegedly assaulted deceased - Sharath Kumar and CW-2, and thereafter, had left the said place. Accused No.3 allegedly had instigated accused Nos. 1,2 4 and 6 to commit the murder of deceased since, deceased Sharath Kumar had abused accused No.3 in filthy language. It is in this background, accused No.1 had allegedly summoned accused No.5 and thereafter, accused Nos. 1, 2, 4 and 5 chased Sharath Kumar and at that time, Sharath Kumar allegedly assaulted accused No.3. When accused No.3 raised a cry accused Nos. 1, 2, 4 and 5 came there and accused No.2 allegedly assaulted Sharath Kumar with a wooden club and accused No.4 allegedly assaulted him with a tile. Accused No.5 caught hold of Sharath Kumar from behind and accused Nos. 2 and 4 allegedly assaulted Sharath Kumar - 5 - NC: 2025:KHC:13093 CRL.P No. 2863 of 2025 with wooden club and a tile. Accused No.1 stabbed Sharath Kumar with a knife on his chest and as a result, injured Sharath Kumar fell on the road. He was subsequently, shifted to Victoria hospital. However, he succumbed to the injuries in the hospital. 9. Post Mortem report of deceased - Sharath Kumar would go to show that, death was due to the stab injuries on the chest of deceased. Allegation of stabbing deceased on his chest with a knife is only against accused No.1. 10. Petitioner who is arrayed as accused No.4 in the charge sheet has no other criminal antecedents. The statement of the eye-witnesses would go to show that they have made omnibus allegations as against accused No.4. Considering the background in which the alleged incident in question had taken place and the overt act alleged against the petitioner who has no other criminal antecedents, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 6 - NC: 2025:KHC:13093 CRL.P No. 2863 of 2025 The petitioner is directed to be enlarged on bail in Crime No.143/2024 registered by Cottonpet Police Station, Bengaluru City, for offences punishable under Section 103(1) read with Section 3(5) of BNS, 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; 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.: 46