- 1 - HC-KAR NC: 2025:KHC:21242 CRL.P No. 5164 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5164 OF 2025 BETWEEN: NAVEEN S.V. S/O. M. SUBRAMANI AGED ABOUT 34 YEARS RESIDING AT NO.05 RAJAMMA RESIDENCY, 13TH MAIN BEEMASENA JOSHI ROAD HANUMANTHANAGAR BASAVANAGUDI BENGALURU-560 019. …PETITIONER (BY SRI NARAYANASWAMY H.R., ADVOCATE) AND: STATE BY HENNUR POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 009. …RESPONDENT (BY SMT. WAHEEDA M.M., H.C.G.P.) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.PC PRAYING TO ENLARGE HIM ON REGULAR BAIL IN S.C.NO.157 OF 2025 (CRIME NO.244 OF 2024 REGISTERED BY HENNURU POLICE) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 307, 302, 504, 506, 149 OF IPC PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-21). Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21242 CRL.P No. 5164 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.244/2024 registered by Hennuru Police Station, Bangalore, for the offences punishable under Sections 506, 504, 143, 149, 302, 323 of IPC, is before this Court under Section 439 of the Code of Criminal Procedure, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.244/2024 was registered by Hennuru Police Station, Bangalore, against unknown persons initially for offences punishable under Sections 506, 504, 149, 323, 324, 307 IPC based on the first information dated 20.05.2024 received from Sri Mathew J, S/o Joseph, who is the injured victim in the present case. During the course of investigation petitioner herein was arrested on 06.06.2024 and remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:21242 CRL.P No. 5164 of 2025 After completing investigation charge sheet has been filed against six persons for the aforesaid offences and petitioner is arrayed as accused No.1 in the charge sheet. Injured Uday Kumar, who was admitted in the Hospital had subsequently died on 29.06.2024. Thereafter offence punishable under Section 302 of IPC was invoked against the accused and additional charge sheet was filed for the aforesaid offence. Bail application filed by the petitioner before the jurisdictional Sessions Court was rejected, therefore, he is before this Court. 4. Learned counsel for the petitioner submits that all the other accused, except the petitioner have been granted regular bail by this Court. He submits that petitioner has no criminal antecedents. Death is due to septicemia as a result of consolidation of lungs. Accordingly prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:21242 CRL.P No. 5164 of 2025 5. Per contra, learned HCGP, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that in the incident that had taken place on the intervening night of 18.05.2024 and 19.05.2024 accused persons had allegedly assaulted Uday Kumar with a plastic pipe and as a result he had suffered injuries. Immediately thereafter one of the accused person used the mobile phone of CW.1 and had informed CW23, who is the father of CW.1 about the assault made by them and thereafter left the place. Injured Uday Kumar, who was admitted in the Hospital subsequently died on 26.09.2024, which is after a period of more than four months from the date of alleged incident. Post Mortem report of the deceased would reveal that death is due to septicemia as a result of consolidation of lungs. Undisputedly the petitioner has no criminal antecedents. He is in custody for the last more than one year. All the other accused person, who were arrested in - 5 - HC-KAR NC: 2025:KHC:21242 CRL.P No. 5164 of 2025 the present case have been enlarged on bail by this Court. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.244/2024 of Hennur Police Station registered for the offences punishable under Sections 323, 324, 307, 504, 506 and 149 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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; - 6 - HC-KAR NC: 2025:KHC:21242 CRL.P No. 5164 of 2025 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 NG List No.: 1 Sl No.: 43