- 1 - HC-KAR NC: 2025:KHC:19152 CRL.P No. 5647 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5647 OF 2025 BETWEEN: PRASAD S @ PRASAD, S/O.SHANKARAPPA, AGED 30 YEARS, RESIDING AT BANGLAVOORU, V.KOTA MANDAL, PALAMANER TALUK, CHITTOOR DISTRICT, ANDHRA PRADESH – 517 424. …PETITIONER (BY SRI. CHETHAN A., ADVOCATE) AND: STATE OF KARNATAKA, BY BETHAMANGALA POLICE STATION, KOLAR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.114/2024 NOW THE SAME IS REGISTERED IN S.C NO.1/2025 FOR O/P/U/S 103(1), 3(5), 352 OF BNS, 2023 OF Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19152 CRL.P No. 5647 of 2025 BETHAMANGALA POLICE STATION, PENDING BEFORE HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT K.G.F). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORDER Accused No.1 in S.C.No.1/2025 pending before the Court of III Additional District and Sessions Judge, Kolar (sitting at KGF), arising out of Crime No.114/2024 registered by Bethamangala Police Station, KGF for the offences punishable under Sections 103(1), 3(5), 352 of BNS, 2023, is before this Court under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.114/2024 was registered by Bethamangala Police Station, KGF, initially for offences punishable under Sections 109, 3(5), 352 of BNS, 2023, against the petitioner and two others based on first - 3 - HC-KAR NC: 2025:KHC:19152 CRL.P No. 5647 of 2025 information dated 19.08.2024 submitted by Srinivasalu, brother of the deceased. During the course of investigation, petitioner was arrested on 19.08.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three persons and the petitioner is arraigned as accused No.1 in the charge-sheet. The bail application filed by petitioner before the Trial Court in Sessions Case No.1/2025 was rejected on 25.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and accused Nos.2 and 3 who were arrested in the present case have been granted regular bail by this Court. He submits that as per the hospital records, the deceased was admitted to the hospital on 18.08.2024 by his wife with a history of fall and subsequently, the said history was altered at the instance of first informant and the PSI of Jurisdictional Police Station. He submits that Post mortem report of the - 4 - HC-KAR NC: 2025:KHC:19152 CRL.P No. 5647 of 2025 deceased would go to show that death is as a result of cardiac arrest and secondary head injury. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition and submits that there are eyewitnesses to the incident in question and the incident is recorded in the CCTV footage. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that the first informant who is the brother of the deceased Mani has approached the police on 19.08.2024 at about 16.30 hours, alleging that he was informed by his friend Lokesh that Mani was assaulted by accused persons in a Bar and Restaurant and as a result, Mani who had suffered injuries was admitted to the hospital. Thereafter, the first informant and Smt.Lakshmi, wife of injured Mani had gone to the hospital and subsequently, the first informant had approached the police on 19.08.2024 at about 16.30 hours. - 5 - HC-KAR NC: 2025:KHC:19152 CRL.P No. 5647 of 2025 7. The medical records in the present case, which is made available to the Court by the learned counsel for the petitioner would go to show that on 18.08.2024 itself, Mani was taken to the hospital by his wife Lakshmi, who had given the history that Mani had suffered injury due to fall over road at about 9:00 p.m. on 18.08.2024. The Medical records of the hospital would also go to show that on 19.08.2024 at about 18.40 hours, which is after registration of the FIR, the history of injury was altered in the hospital records at the instance of the first informant, who was accompanied by the PSI of Bethamangala Police Station who has registered the FIR in the present case. 8. Accused Nos.2 and 3 who were arrested in the present case have been granted regular bail by this Court in Criminal Petition No.5270/2025 and Criminal Petition No.3037/2025. The Post mortem report of the deceased would go to show that the death is due to head injury with secondary cardiac arrest. There is no criminal antecedents against the petitioner. He is in custody from 19.8.2024. - 6 - HC-KAR NC: 2025:KHC:19152 CRL.P No. 5647 of 2025 Therefore, I am of the considered opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following: O R D E R The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.114 of 2024 of Bethamangala Police Station, KGF, registered for the offences punishable under Sections 103(1), 3(5), 352 of BNS subject to the following conditions: i. The petitioner shall execute personal bond for a sum of `1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2025:KHC:19152 CRL.P No. 5647 of 2025 iv. The petitioner shall not involve in similar offences in future, and v. 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 rv List No.: 1 Sl No.: 54