- 1 - HC-KAR NC: 2025:KHC:21943 CRL.P No. 5873 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5873 OF 2025 BETWEEN: SUMANTH, S/O MALLESHA, AGED ABOUT 24 YEARS, R/AT SANABA VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA - 571 432. …PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND: STATE OF KARNATAKA BY K.R. SAGARA POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.5008/2025 (CR.NO.167/2024) OF RESPONDENT K.R.SAGARA P.S., FOR THE OFFENCE P/U/S 103(1) OF BNS, Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21943 CRL.P No. 5873 of 2025 PENDING DISPOSAL OF III ADDL. DISTRICT AND SESSIONS JUDGE, AT MANDYA, SITTING AT SRIRANGAPATNA. 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.5008/2025 pending before the Court of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Cr.No.167/2024 registered by K.R.Sagar Police Station, Mandya, for offence punishable under Section 103(1) 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 Cr.No.167/2024 was initially registered by K.R.Sagar Police Station, Mandya, for the offences punishable under Section 103(1) of BNS 2023, against the petitioner herein, based on the first information dated - 3 - HC-KAR NC: 2025:KHC:21943 CRL.P No. 5873 of 2025 27.10.2024 received from Kumara, the father of the deceased. 4. During the course of investigation, the petitioner herein was arrested on 27.10.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court in S.C.No.5008/2025 was rejected on 02.04.2025. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner submits that incident in question has taken place in a spur of movement after the deceased had abused the mother of the petitioner using filthy language in front of the alleged eyewitnesses. The petitioner had no motive against deceased. The petitioner and deceased had both consumed alcohol prior to the incident in question. - 4 - HC-KAR NC: 2025:KHC:21943 CRL.P No. 5873 of 2025 Petitioner aged about 24 years has no criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that CW.2 to CW.5 are the alleged eyewitnesses to the incident in question who have clearly stated about the act committed by the petitioner. Deceased has suffered multiple injuries in the incident. In the event, petitioner is enlarged on bail he may tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. 7. Perusal of the material on record would go to show that petitioner and the victim were close friends. They used to regularly consume alcohol together and as per the case of prosecution, deceased was in habit of abusing petitioner's mother after consuming alcohol. On the alleged date of incident, the petitioner and deceased had gone to the shop of CW.2 Nagaraja @ Vadda Naga for the purpose of eating fish after consuming alcohol. After - 5 - HC-KAR NC: 2025:KHC:21943 CRL.P No. 5873 of 2025 the bill was paid by the deceased for the fish consumed by them, deceased allegedly spoke ill of petitioner's mother and the petitioner who got enraged, allegedly stabbed him with a knife which was used in the shop for cutting fish. 8. Undisputedly, the petitioner was not armed when he and deceased had arrived at the shop of CW.2 for the purpose of eating fish. It is only after deceased spoke ill of the petitioner's mother by using filthy language against her, petitioner allegedly assaulted deceased with a knife which was kept in the shop for cutting fish. 9. Therefore, prima facie it appears that incident in question had taken place in a spur of movement after the deceased spoke ill of the petitioner's mother used filthy language against her. Petitioner has no criminal antecedents and is in custody from 27.10.2024. Investigation of the case is completed and charge sheet has been filed. Trial in the case is yet to commence. The prosecution has cited 33 chargesheet witnesses in the - 6 - HC-KAR NC: 2025:KHC:21943 CRL.P No. 5873 of 2025 present case. Continued detention of the petitioner in custody along with other hardcore criminals may have an adverse impact on his future prospects. Allegations found against the petitioner in the chargesheet is required to be proved in a full fledged trial. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of 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 S.C.No.5008/2025 pending before the Court of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Cr.No.167/2024 registered by K.R.Sagar Police Station, Mandya, for offence punishable under Section 103(1) of BNS, 2023 subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:21943 CRL.P No. 5873 of 2025 a) The 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; 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 rv List No.: 1 Sl No.: 30 CT: BHK