- 1 - NC: 2025:KHC:15770 CRL.P No. 4889 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. 4889 OF 2025 BETWEEN: CHANDU M.V S/O VANAKARAIAH AGED ABOUT 21 YEAR R/AT MASAHALLI VILLAGE SARGUR HOBLI, H, D KOTE TALUK, MYSURU DIST - 571 114. …PETITIONER (BY SRI SHARATH J.M, ADV.) AND: STATE OF KARNATAKA BY SARAGURU POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT OF KARNATAKA AT 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 RELEASED HIM ON BAIL, WHO IS ACCUSED NO.1 IN CR.NO.121/2024 (S.C.NO.35/2025) REGISTERED BY RESPONDENT SARAGURU POLICE STATION, NOW PENDING ON HONBLE PRL. DISTRICT AND SESSIONS JUDGE, MYSURU FOR THE OFFENCE P/US/ 103, 3(5) OF BNS, 2023 IN RESPECT OF PETITIONE.R Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15770 CRL.P No. 4889 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 1. Accused No.1 in SC No.35/2025 pending before the Court of Principal District and Sessions Judge, Mysuru, arising out of Crime No.121/2024 registered by Saragur Police Station, Mysuru, for the offences punishable under Sections 103 and 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.121/2024 was registered by Saragur Police Station, Mysuru District, for the aforesaid offences against the petitioner and others based on the first information dated 16.09.2024 received from Govindaraju, brother of deceased Kumar. During the course of investigation, petitioner herein was arrested on 17.09.2024 and after completing investigation, charge sheet has been filed against two persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:15770 CRL.P No. 4889 of 2025 SC No.35/2025 was rejected on 21.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a youngster aged about 21 years having no criminal antecedents. Accused No.2, who is the mother of the petitioner has been already granted regular bail in the present case. The incident in question had taken place in a spur of moment after the deceased started abusing the mother of the petitioner using filthy language. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner and accused No.2 had assaulted the deceased with hands and legs and death is as a result of blunt injuries sustained to the abdomen of deceased. Accordingly, she prays to dismiss the petition. 6. A perusal of the material available on record would go to show that deceased allegedly was making propaganda in the village that he had illicit relationship with accused No.2, who is the mother of the petitioner. It is in this background, on 29.10.2020, accused Nos.1 and 2 herein and the husband of accused No.2 had assaulted the deceased with their hands and - 4 - NC: 2025:KHC:15770 CRL.P No. 4889 of 2025 CW2 and CW6 had intervened and had advised deceased Kumar. Inspite of the same, deceased continued to make propaganda that he had illicit relationship with accused No.2. On 16.09.2024 at about 05.30 p.m. deceased Kumar allegedly abused accused No.2 using filthy language and therefore, accused No.1 confronted him and thereafter, accused Nos.1 and 2 allegedly assaulted Kumar with their hands and legs and pulled him down on stair case and as a result, deceased who suffered blunt injuries on the abdomen died. Undisputedly, accused Nos.1 and 2 have not used any weapon to assault the deceased and it is only after the deceased had abused accused No.2, who is the mother of petitioner herein using filthy language, accused No.1 had assaulted deceased. Post Mortem Report of the deceased would go to show that he had consumed alcohol. The incident in question had taken place in a spur of moment after the deceased, who had consumed alcohol started abusing the mother of the petitioner using filthy language. Petitioner aged about 21 years, having no criminal antecedents, is in custody from 17.09.2024. Accused No.2 has been already enlarged on bail by the jurisdictional Sessions Court. Under the circumstances, I am of the opinion that - 5 - NC: 2025:KHC:15770 CRL.P No. 4889 of 2025 petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.35/2025 pending before the Court of Principal District and Sessions Judge, Mysuru, arising out of Crime No.121/2024 registered by Saragur Police Station, Mysuru, for the offences punishable under Sections 103 and 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/- 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; - 6 - NC: 2025:KHC:15770 CRL.P No. 4889 of 2025 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 DN