- 1 - HC-KAR NC: 2025:KHC:21671 CRL.P No. 5645 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5645 OF 2025 BETWEEN: DYAMA @ DHAYAMA S/O SOMANNA, AGED ABOUT 28 YEARS, R/AT YARAPPANAHALLI GRAMA, BIDARA HOBLI, BANGALORE EAST, BANGALORE-562149, …PETITIONER (BY SRI. M. KRISHENE GOWDA for SMT SHIVAMMA.,ADVOCATE) AND: STATE OF KARNATAKA STATE BY AVALAHALLI P.S. RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE- 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.392/2024 OF AVALAHALLI POLICE, NOW IN C.C.NO.373/2025 AND ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, FOR THE OFFENCE P/U/S 103, 238, 3(5) OF BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21671 CRL.P No. 5645 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.8 in Crime No.392/2024 registered by Avalahally Police Station, Bengaluru City, for the offences punishable under Sections 103, 238, 3(5) of the Bharatiya Nagarik Suraksha 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. F.I.R. in Crime No.392/2024 was registered by Avalahally Police Station, Bengaluru City, against Hanumantha and others for the aforesaid offences on the basis of first information dated 16.11.2024 received from Smt.Ratna wife of deceased Vadivelu. During the course of investigation of the case, the petitioner herein was arrested on 19.11.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner herein is arraigned as accused No.2 in the charge sheet. - 3 - HC-KAR NC: 2025:KHC:21671 CRL.P No. 5645 of 2025 4. The bail application filed by the petitioner in Crl.Misc.No.497/2025 before the jurisdictional Sessions Court was rejected on 28.03.2025. Therefore, he is before this Court. 5. In the charge sheet which is filed against accused Nos. 1 and 2 it is alleged that, on 10.11.2024 when accused No.1 allegedly enquired with deceased Vadivelu whether he had committed theft of iron rods in a under construction building and had thereafter consumed alcohol, deceased Vadivelu allegedly informed accused No.1 that he and accused No.2 had together committed theft of the Iron rods and thereafter consumed alcohol. Accused No.2 therefore allegedly had assaulted Vadivelu on his cheek with his hand. Accused No.1 allegedly assaulted Vadivelu on his stomach and also kicked on his stomach and as a result, Vadivelu fell down. On 11.11.2024 Vadivelu was admitted to Bouring Hospital after he complained of stomach pain. Subsequently, he died in the hospital on 16.11.2024 while undergoing treatment. Post Mortem report of the deceased would go to show that death was a result of septicemia suffered, due to injury to the stomach of deceased. Allegation of assaulting the deceased on his stomach is only as - 4 - HC-KAR NC: 2025:KHC:21671 CRL.P No. 5645 of 2025 against accused No.1, who is in custody. Petitioner who has no criminal antecedents is in custody from 19.11.2024. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 6. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.392/2024 registered by Avalahally Police Station, Bengaluru City, for the offences punishable under Sections 103, 238, 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNS'), subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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; - 5 - HC-KAR NC: 2025:KHC:21671 CRL.P No. 5645 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; Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 1 Sl No.: 52