- 1 - NC: 2025:KHC:11355 CRL.P No. 2836 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2836 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MANJUNATHA H S S/O LATE HANUMANTHAPPA, AGED ABOUT 48 YEARS, R/AT 5, 4TH CROSS, CHIKKASWAMY LAYOUT ROAD, JARAGANAHALLI, JP NAGAR, 6TH PHASE, BENGALURU-01 (AS PER S.C ORDER SHEET) PERMANENTLY RESIDENT AT UDEVA VILLAGE AND POST, LINGADAHALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU-01. (AS PER CHARGE SHEET) …PETITIONER (BY SRI. PRATHEEP K C., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY LINGADAHALLI POLICE CHIKKAMAGALURU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11355 CRL.P No. 2836 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL IN S.C. NO. 146/24 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 352, 351(2) AND 103 OF BNS BY LINGADAHALLI POLICE, CHIKKAMAGALURU DISTRICT IN CONNECTION TO CRIME NO. 51/2024, PENDING ON THE FILE OF HON'BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C. No. 146/24 pending before the Court of II Additional District And Sessions Judge, Chikkamagaluru arising out of Crime No.51/2024 registered by Lingadahalli Police Station, Chikkamagaluru for offences under Sections 115(2), 118(1), 352, 351(2) and 103 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.51/2024 was registered by Lingadahalli Police Station, Chikkamagaluru initially of offences punishable under Sections 115(2), 118(1), 352, 351(2) of BNS against the petitioner herein on the basis of the first - 3 - NC: 2025:KHC:11355 CRL.P No. 2836 of 2025 information dated 06.08.2024 received from Shruthi C, who is daughter of deceased - Channa Basavayya. 4. During the course of the investigation of the case, petitioner herein was arrested on 26.08.2024 and remanded to judicial custody. It appears that injured Channa Basavayya had subsequently died in the hospital on 25.08.2024 and thereafter, offence punishable under Section 103 of BNS was invoked in the present case. Investigation of the case is completed and the charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in S.C.No.146/2024 was rejected on 01.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that there is delay in submitting the first information. He submits that petitioner who is a agriculturist having no other criminal antecedents is in judicial custody for the last seven months. Investigation of the case is completed and the charge sheet is filed. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. She submits that there is strong - 4 - NC: 2025:KHC:11355 CRL.P No. 2836 of 2025 material as against the petitioner and in case if he is enlarged on bail, he is likely to tamper with the material prosecution witnesses. Accordingly, prays to dismiss the petition. 7. Perusal of the materials on record would go to show that petitioner and deceased - Channa Basavayya were acquainted to each other and on 03.08.2024 at about 6.00 pm, Channa Basavayya had gone to the house of petitioner demanding payment of painting work done by him. It is alleged that petitioner had abused and assaulted Channa Basavayya for having asked payment for the painting work done by him. The injured Channa Basavayya who had suffered injury on his head as a result of assault made by the petitioner with a club, was thereafter admitted to hospital and in respect of the alleged incident that had taken place on 03.08.2024, belatedly, a police complaint was filed by the daughter of the deceased on 06.08.2024. It appears that injured Channa Basavayya who was admitted in the hospital, subsequently succumbed to the head injury on 25.08.2024 and thereafter offence punishable under Section 103 of BNS was invoked and the petitioner was arrested on 26.08.2024. Investigation of the case is completed - 5 - NC: 2025:KHC:11355 CRL.P No. 2836 of 2025 and the charge sheet has been framed. Undisputedly, petitioner has no other criminal antecedents. 8. Material on record would go to show that the petitioner had no motive to commit the murder of the deceased and it is only after a quarrel took place between them regarding payment of money for the painting work done by the deceased, petitioner had abused and assaulted deceased - Channa Basavayya. Considering the aforesaid aspects of the matter and also taking into consideration the delay in submitting the FIR, 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. The petitioner is directed to be enlarged on bail in Crime No.51/2024 registered by Lingadahalli Police Station, Bengaluru for offences under Sections 115(2), 118(1), 352, 351(2) and 103 of BNS, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 6 - NC: 2025:KHC:11355 CRL.P No. 2836 of 2025 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; 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.: 52