- 1 - HC-KAR NC: 2025:KHC:21262 CRL.P No. 5883 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. 5883 OF 2025 BETWEEN: SRI SANTOSH @ HOTTEHASI S/O LATE RAMAPPA AGED ABOUT 37 YEARS RESIDING AT NO.16/1, 5TH CROSS MAGADI MAIN ROAD, NEAR JAIMUNIRAO CIRCLE, BENGALURU CITY - 560 023. …PETITIONER (BY SRI MOHAMED ZULFIKHAR AHAMED, ADV.) AND: STATE OF KARNATAKA BY THE SHO, KOLLEGALA RURAL P.S CHAMARAJANAGAR DISTRICT REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING ANNEXE BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND ORDER FOR THE RELEASE OF THE PETITIONER ON REGULAR BAIL FROM JUDICIAL CUSTODY IN (CRIME 197/2024 AND) S.C.NO.5002/2025 OF THE RESPONDENT KOLLEGALA RURAL POLICE STATIOIN, CHAMARAJANAGAR DISTRICT, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 101(1), 238(a) OF THE BNS, WHICH IS PENDING ON THE FILE OF THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLLEGALA, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT TO IN THE FACTS AND CIRCUMSTANCES OF THE CASE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21262 CRL.P No. 5883 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 Accused in S.C.No.5002/2025 pending before the Court of Addl. District & Sessions Judge (sitting at Kollegala) arising out of Crime No.197/2024 registered by Kollegala Rural Police Station, Chamarajanagara District, for the offences punishable under Sections 103(1) 238(a) of BNS, 2023 is before this Court under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.197/2024 was registered by Kollegala Rural Police Station, Chamarajanagara District for the aforesaid offences against the petitioner, on the basis of first information dated 03.10.2024 received from Sri Supreeth S.A, Police Officer, attached to Kollegala Rural Police Station. In the said case, the petitioner was arrested on 03.10.2024 and subsequently remanded to - 3 - HC-KAR NC: 2025:KHC:21262 CRL.P No. 5883 of 2025 judicial custody and after completing investigation, charge sheet has been filed against him for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5036/2025 was dismissed on 17.03.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, based on the information received from Sri S Ravishankar, owner of Shree Kaveri Hotel, near hand post, Kollegala, initially a UDR case was registered, after a dead body of unknown person was found in a car bearing registration No.KA-14-Z-3860. During the course of investigation in the said case, Investigation Officer allegedly had summoned the petitioner, who was a suspect and it is alleged that the petitioner had confessed to the crime and therefore FIR has been registered against him in Crime No.197/2024 by Kollegala Rural Police - 4 - HC-KAR NC: 2025:KHC:21262 CRL.P No. 5883 of 2025 Station for the aforesaid offences. Investigation of the case is now completed and charge sheet is already filed. 6. The entire case of the prosecution is based on circumstantial evidence. In the charge sheet, it is alleged that, the petitioner and the deceased were friends and on 18.09.2024 when they were traveling in a car belonging to the deceased bearing registration No.KA-14-Z-3860, the car which was driven by the petitioner dashed against a motorbike and as a result there was a damage to the car. It is alleged that deceased therefore had abused the petitioner using filthy language. Subsequently they had consumed alcohol together and thereafter once again deceased had abused the petitioner using filthy language and he also had abused the wife and mother of the petitioner and therefore, the petitioner who got enraged allegedly assaulted deceased with his hands and legs and thereafter pressed his knees on the chest of the deceased and thereby committed his murder. - 5 - HC-KAR NC: 2025:KHC:21262 CRL.P No. 5883 of 2025 7. The postmortem report of the deceased would go to show that, the exact cause of the death could not be determined, as the body of deceased was in the stage of advance decomposition. Undisputedly, the petitioner has no criminal antecedents and he is in custody from 03.10.2024. Investigation is completed and charge sheet is already filed in the present case. Therefore, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5002/2025 pending before the Court of Addl. District & Sessions Judge (sitting at Kollegala) arising out of Crime No.197/2024 registered by Kollegala Rural Police Station, Chamarajanagara District, for the offences - 6 - HC-KAR NC: 2025:KHC:21262 CRL.P No. 5883 of 2025 punishable under Sections 103(1) 238(a) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a 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; 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 NMS