- 1 - NC: 2025:KHC:11709 CRL.P No. 3037 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3037 OF 2025 (439(2)(Cr.PC) / 483(3)(BNSS)) BETWEEN: HEMANTH VISHNUSINGH @ HEMANTH SINGH, S/O. SOMASEGAR SINGH @ SOMASHEKAR SINGH, AGED 29 YEARS, RESIDING AT SCHOOL STREET, BESIDE ELEMENTARY SCHOOL, V.KOTA, PALAMANER TALUK, CHITTOOR DISTRICT, ANDHRA PRADESH-517424. …PETITIONER (BY SRI. CHETHAN A., ADVOCATE) AND: STATE OF KARNATAKA BY BETHAMANGALA POLICE STATION, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP.) THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11709 CRL.P No. 3037 of 2025 CRIME NO.114/2024 NOW THE SAME IS REGISTERED IN S.S.NO.1/2025 FOR OFFENCES PUNISHABLE U/S.103(1), 3(5), 352 OF BHARATIYA NYAYA SANHITA-2023 ON THE FILE OF THE BETHAMANGALAL POLICE STATION, PENDING BEFORE HON'BLE III ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT KGF). THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.1/2025 pending before the Court of III Additional District and Sessions Judge, Kolar (Sitting at K.G.F), arising out of Crime No.114/2024 registered by Bethamangala Police Station, K.G.F for offences under Sections 103(1), 3(5), 352 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.114/2024 was registered by Bethamangala Police Station, K.G.F for the aforesaid offences against Prasad and two others on the basis of the first information dated 19.08.2024 received from Srinivasalu - brother of deceased - Mani.C. - 3 - NC: 2025:KHC:11709 CRL.P No. 3037 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 19.08.2024 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in S.C.No.1/2025 before the Jurisdictional Sessions Court which was rejected on 15.02.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner is a engineering graduate and he has no criminal antecedents. Incident in question had taken place in a Bar & Restaurant. Allegation of assault on the deceased on his head with a beer bottle is only as against accused No.1. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. 7. Perusal of the material on record would go to show that, on 18.08.2024 at about 8.20 pm, accused persons have gone to Ganesh Bar & Restaurant within the jurisdiction of Bethamangala Police Station and after having food in the said Bar & Restaurant, they had asked deceased - Mani.C to pay their bill. It appears that thereafter there was a quarrel between the parties and Mani.C allegedly assaulted accused - 4 - NC: 2025:KHC:11709 CRL.P No. 3037 of 2025 No.1 with his hands. Subsequently, accused No.1 allegedly assaulted Mani.C on his head with a beer bottle. Allegation against accused Nos. 2 and 3 is that they had pushed Mani.C to the ground and assaulted him with their hands and legs. Post Mortem report of deceased - Mani.C who had died subsequently in a hospital on 20.08.2024 would go to show that death is due to head injury with secondary cardiac arrest. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 19.08.2024. Considering the aforesaid aspects of the matter, 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.114/2024 registered by Bethamangala Police Station, K.G.F for offences under Sections 103(1), 3(5), 352 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 - 5 - NC: 2025:KHC:11709 CRL.P No. 3037 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.: 62