- 1 - NC: 2025:KHC:15473 CRL.P No. 4207 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4207 OF 2025 BETWEEN: 1. AMAN @ AMAN KUMAR, S/O NAVEEN SHARMA, AGED ABOUT 22 YEARS, R/AT LAKSHITHA INTERIOER, NO.104/13, GROUND FLOOR, KUTAPPA GARDEN, MULKISUNDARAM NAGAR, BILEKALLI, BANGALORE CITY-560 076. PERMANENT: MARIA VILLAGE, PIPARA POST, LATHIPATANA, BHAGALAPRA DISTRICT, BHAGALPUR, BIHAR-812 001. 2. SANJAY SHARMA, S/O LATE TITTAR SHARMA, AGED ABOUT 29 YEARS, R/AT LAKSHITHA INTERIOER, #104/13, GROUND FLOOR, KUTAPPA GARDEN, MULKISUNDARAM NAGAR, BILEKALLI, BANGALORE CITY-560 076. PERMANENT ADDRESS: CHAKRAMI VILLAGE, NARAYANAPUR POST, KUTAPPA GAREDEN, BHAGALAPRA DISTRICT, BHAGALPUR, BIHAR-812 001. …PETITIONERS (BY SRI RANGANATH REDDY R, ADVOCATE) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15473 CRL.P No. 4207 of 2025 AND: STATE BY THE STATION HOUSE OFFICER, MICO LAYOUT POLICE STATION, BANGALORE. REP. BY STATE PUBLIC PROSECUTOR, (HIGH COURTOF KARNATAKA), PIN CODE-560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) TO ORDERED THE PETITIONERS TO BE ENLARGED ON BAIL IN CR.NO.387/2024 REGISTERED BY MICO LAYOUT POLICE, REGISTERED IN CMM COURT, AT BANGALORE, FOR THE OFFENCES P/U/S 103(1) OF BNS, WHICH IS NOW COMMITTED AND PENDING AS SC.NO.206/2025 BEFORE THE LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in SC.No.206/2025 pending before the Court of LXVIII Additional City Civil and Sessions Judge, Bengaluru in Cr.No.387/2024 registered by Mico Layout Police Station, Bengaluru for the offences punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 are before this Court under Section 483 of BNSS, 2023, seeking regular bail. - 3 - NC: 2025:KHC:15473 CRL.P No. 4207 of 2025 2. Heard the learned counsel for the parties. 3. FIR in Cr.No.387/2024 registered by Mico Layout Police Station, Bengaluru for the offences punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023, based on the First Information dated 03.10.2024 received from Sudarshan S/o Sampath Kumar, who is the employer of the petitioners and deceased Sujith Kumar. During the course of investigation of the case, petitioners herein were arrested on 04.10.2024. After completing investigation, charge sheet has been filed against the accused persons for the aforesaid offence. Bail application filed by petitioners before trial Court in S.C.No.206/2025 was rejected on 18.03.2025. Therefore, petitioners are before this Court. 4. Learned counsel for the petitioners submits that incident in question had taken place in a spur of moment. Allegation of throttling the neck of the deceased is only as against accused No.1. Accused Nos.1 and 2 do not have - 4 - NC: 2025:KHC:15473 CRL.P No. 4207 of 2025 any criminal antecedents. Therefore, pray's to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that CWs.3 to 5 are the eyewitnesses who have clearly stated about the role of accused Nos.1 and 2 in the alleged crime. Accused Nos.1 and 2 hail from Bihar State and if they are enlarged on bail, it would be difficult to secure their presence before the trial Court. Accordingly, prays to dismiss the petition. 6. Perusal of the averments made in the first information as well as the charge sheet would go show that petitioner's herein and deceased Sujith Kumar hail from the State of Bihar and they were working in the Furniture Godown of CWs.1 and 2. It appears that the deceased-Sujith Kumar was terminated from services and on 03.10.2024, he had come to the godown of CWs.1 and 2, where the accused persons were working and allegedly had abused and assaulted them on the ground that they had made allegations against him to the employer and - 5 - NC: 2025:KHC:15473 CRL.P No. 4207 of 2025 therefore, he was terminated from service. In the charge sheet it is further alleged that after deceased Sujith Kumar had abused and assaulted accused Nos.1 and 2, accused No.2 allegedly assaulted him on his back with wooden reaper piece and accused No.1 allegedly pushed Sujith Kumar to the ground and after catching hold of his neck, allegedly punched on his face and as a result, deceased Sujith Kumar died at the spot. So far as the accused No.2 is concerned, the only allegation against him is that he had assaulted the deceased on his back with wooden reaper piece after the deceased had abused and assaulted him. The allegation of throttling the neck of the deceased with hands and punching the face of the deceased is as against the petitioner No.1. As per the postmortem report, death of deceased is as result of Asphyxia due to throttling of neck. Undisputedly, accused Nos.1 and 2 have no criminal antecedents. Since the allegation of throttling of the neck is only against accused No.1, his bail application cannot be considered at this stage. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by - 6 - NC: 2025:KHC:15473 CRL.P No. 4207 of 2025 the petitioner No.2 for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER Criminal Petition is partly allowed. The petition is dismissed against accused No.1 and allowed against accused No.2. The accused No.2 is directed to be enlarged on bail in SC.No.206/2025 pending before the Court of LXVIII Additional City Civil and Sessions Judge, Bengaluru in Cr.No.387/2024 registered by Mico Layout Police Station, Bengaluru for the offences punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) Petitioner No.2/accused No.2 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for likesum, out of which, one shall be local surety for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner No.2 shall appear regularly on all the dates of hearing before the Trial - 7 - NC: 2025:KHC:15473 CRL.P No. 4207 of 2025 Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner No.2 all not involve in similar offences in future; e) The petitioner No.2 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 NR/- List No.: 1 Sl No.: 101