- 1 - NC: 2025:KHC:15195 CRL.P No. 3938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3938 OF 2025 BETWEEN: JOYAL S/O KUMARA @ LOLLAPPA AGED ABOUT 31 YEARS, COOLIE, RESIDING BEHIND PETROL BUNK NEAR OLD CPM CHURCH OLD BULLAPURA, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 576 401. (IN J C) …PETITIONER (BY SMT. VENKATRAM, ADVOCATE) AND: THE STATE OF KARNATAKA BY PAPER TOWN POLICE, BHADRAVATHI REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. …RESPONDENT (BY SMT. N ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE HIM ON BAIL IN S.C.NO.5007/2025 ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE SHIVMOGGA SITTING AT BHADRAVATHI, FOR THE OFFENCE P/U/S 103, 3(5) OF BNS IN CR.NO.091/2024 OF PAPER TOWN POLICE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15195 CRL.P No. 3938 of 2025 ORAL ORDER Accused No.3 in S.C.No.5007/2025 pending before the Court of IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi arising out of Crime No.91/2024 registered by Paper Town Police Station, Bhadravathi Sub Division, Shivamogga District for the offences punishable under Section 103 r/w 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, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR came to be registered in Crime No.91/2024 by Paper Town Police Station, Bhadravathi Sub Division, Shivamogga District for the aforesaid offences against Babu and two others, based on the first information dated 19.08.2024 received from Sri.Yesudas, who is father of the deceased Wilson Babu. - 3 - NC: 2025:KHC:15195 CRL.P No. 3938 of 2025 4. During the course of investigation of the case, petitioner was arrested on 20.08.2024 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed. Petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the Sessions Court in S.C.No.5007/2025 was rejected on 20.02.2025. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and entire case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP for the respondent opposes the bail petition. 7. A perusal of the material on record would go to show that accused Nos.1 to 3 and deceased were friends and on 18.08.2024, they all had consumed alcohol together. It is alleged in the charge sheet that deceased Wilson Babu after consuming alcohol, without any reason, started abusing accused No.3 and used filthy language with reference to the - 4 - NC: 2025:KHC:15195 CRL.P No. 3938 of 2025 mother of accused No.3. It is under these circumstances, accused Nos.1 to 3 allegedly assaulted Wilson Babu with their hands and legs and as a result, he fell down. Thereafter, the accused persons brought Wilson Babu in a two wheeler and left the deceased inside his house. Subsequently, after the dead body of the Wilson Babu was found in the house, his father had approached the police. Based on his first information, FIR was registered against accused Nos.1 to 3 who had brought the body of the deceased to his house. The postmortem report of deceased Wilson Babu would go to show that he had not suffered any injury on his body. Allegation against accused persons is that they had assaulted with hands after he had abused accused No.3 using filthy language against the mother of accused No.3. Accused persons had no intention or motive against the deceased and only after the deceased started abusing accused No.3 using filthy language against the mother of accused No.3, they had assaulted the deceased with their hands. The petitioner is having no criminal antecedents and he is in judicial custody from 20.08.2024. - 5 - NC: 2025:KHC:15195 CRL.P No. 3938 of 2025 Investigation of the case is completed and charge sheet is filed before the Trial Court. Trial is yet to commence. The prosecution has, in all, cited 41 charge sheet witnesses in the present case. 8. Considering the aforesaid aspect of the matter that the entire case is based on the circumstantial evidence, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.91/2024 registered by Paper Town Police Station, Bhadravathi Sub Division, Shivamogga District for the offences punishable under Section 103 r/w Section 3(5) of BNS, 2023 subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) - 6 - NC: 2025:KHC:15195 CRL.P No. 3938 of 2025 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 UN List No.: 1 Sl No.: 64