- 1 - HC-KAR NC: 2025:KHC:20044 CRL.P No. 6064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6064 OF 2025 BETWEEN: RAVIKUMAR S S/O SUBRAMANYA D AGED ABOUT 44 YEARS R/O NO.70, 2ND CROSS NEAR GANGOTHRI KASHINAGARA YALACHENAHALLI, BENGALURU - 560 078. …PETITIONER (BY SRI SHASTRI GANAPATI SHRIPAD, ADV.) AND: THE STATE OF KARNATAKA BY KUMARSWAMY LAYOUT P.S BENGALURU BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.352/2024 OF KUMARSWAMY LAYOUT POLICE FOR THE OFFENCE P/US/ 103,238 OF BNS ACT, ON THE FILE OF THE 30th ADDL. CJM, BENGALURU CITY BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20044 CRL.P No. 6064 of 2025 ORAL ORDER 1. Accused in SC No.855/2025 pending before the Court of L Addl. City Civil and Sessions Judge, Children's Court (Special), Benglauru, arising out of Crime No.352/2024 registered by Kumaraswamy Layout Police Station, Bengaluru, for the offences punishable under Sections 103 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 Crime No.352/2024 was registered by Kumaraswamy Layout Police Station, Bengaluru, initially for the offences punishable under Sections 103 and 238 of BNS, 2023, against the petitioner herein based on the first information dated 15.11.2024 received from Shashikala B, wife of petitioner herein. During the course of investigation of the case, petitioner herein was arrested on 16.11.2024 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offence. Bail application filed by him before - 3 - HC-KAR NC: 2025:KHC:20044 CRL.P No. 6064 of 2025 the jurisdictional Sessions Court in Crl.Misc.No.1503/2025 was rejected on 28.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that incident in question appears to have taken place in a spur of moment. Father of deceased, who is the son of petitioner, had abused and assaulted the first informant, who is the wife of the petitioner. Petitioner had no intention to commit the murder of deceased. The material charge sheet witnesses have been already examined before the Trial Court. Petitioner, who is aged about 44 years has no other criminal antecedents and he is required to take care of his family members. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that material on record would clearly make out a prima facie case against the petitioner. Charge sheet witnesses have supported the case of the prosecution. Accordingly, she prays to dismiss the petition. 6. In the first information which is submitted by the wife of the petitioner and the mother of deceased Tejas aged about 14 - 4 - HC-KAR NC: 2025:KHC:20044 CRL.P No. 6064 of 2025 years, she has stated that her second son Tejas was studying in IX Std and her husband was a Carpenter by avocation. Tejas was not regularly attending school and inspite of advice by his parents, he was roaming around with his friends and returning home late night. On 14.11.2024 at about 09.30 p.m. he had quarreled with the first informant, who is his mother and had also assaulted her. It appears that it is in this background on the morning of 15.11.2024, petitioner had quarreled with his son Tejas and thereafter assaulted him with a cricket bat on his back, hands and legs. At the said time, it appears that first informant had returned home and the petitioner allegedly dashed the face of his son against a wall after abusing his son for having assaulted the first informant. Tejas fell down on the ground and thereafter he was shifted to a Hospital by the first informant and one Kishore (CW17), however, Tejas breathed his last in the Hospital and it is in this background, first informant had approached the police at about 20.40 hours on 15.11.2024. It is brought to the notice of this Court that the evidence of CW1 who is the sole eye witness to the incident in question has been already recorded before the Trial Court. In addition, three other witnesses have also been examined as - 5 - HC-KAR NC: 2025:KHC:20044 CRL.P No. 6064 of 2025 PW2 to PW4. Petitioner, who has no other criminal antecedents is in custody from 16.11.2024 onwards. Since material charge sheet witnesses have been examined, there cannot be any apprehension that petitioner may tamper with the prosecution witnesses. Considering the aforesaid aspects of the matter and also the background in which the incident in question had taken place, I am of the opinion that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.855/2025 pending before the Court of L Addl. City Civil and Sessions Judge, Children's Court (Special), Benglauru, arising out of Crime No.352/2024 registered by Kumaraswamy Layout Police Station, Bengaluru, for the offence punishable under Section 103 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:20044 CRL.P No. 6064 of 2025 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 DN