- 1 - NC: 2025:KHC:17905 CRL.P No. 6001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6001 OF 2025 BETWEEN: SRI MALLESHA MAHADEVA KAMATAGI AGED ABOUT 37 YEARS SON OF SRI MAHADEV RESIDING AT NO. 631 13TH CROSS, 8TH MAIN 2ND PHASE, J.P.NAGAR BANGALORE - 560 078. …PETITIONER (BY SRI GAJENDRA S, ADV.) AND: THE STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/1ST ACCUSED ON BAIL IN CRIME NO.72/2025 REGISTERED BY RESPONDENT KONANAKUNTE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 304 OF IPC, PENDING ON THE FILE OF THE ADDL.CHIEF JUDICIAL MAGISTRATE AT BENGALURU. 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 D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17905 CRL.P No. 6001 of 2025 ORAL ORDER 1. Accused No.1 in Crime No.72/2025 registered by Konanakunte Police Station, Bengaluru City, for the offence punishable under Section 304 of IPC, 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.72/2015 was registered by Konanakunte Police Station, Bengaluru City, for the aforesaid offence against the petitioner and others based on the first information dated 19.03.2025 received from B. Peerya Naik, who is the father of deceased Preetham Naik. During the course of investigation, petitioner herein was arrested on 20.03.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2690/2025 was rejected on 02.04.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that on 06.10.2023, since Preetha Naik, son of first information was suffering from fever, he was brought to the clinic of the petitioner who is a Homeopathy Doctor. It is alleged that - 3 - NC: 2025:KHC:17905 CRL.P No. 6001 of 2025 petitioner had prescribed an injection known as Dynapar AQ which was injected to Peetham Naik by accused No.2, who was working as nurse in the Clinic of petitioner on 06.10.2023. In the first information, it is alleged that as a result of the same Preetham Naik suffered pain in his left leg and subsequently, it was found that he had developed gangrene in his left leg and therefore, he was advised for higher treatment in Narayana Hrudayalaya, Bengaluru and on 09.10.2023 when he was being taken to Hospital, he died on the way. In respect of the alleged incident that had taken place in the month of October, 2023, FIR has been belatedly lodged on 19.03.2025, which is after a period of nearly one and half year. Petitioner, who is a Doctor by profession is in custody from 20.03.2025. Undisputedly, he has no other criminal antecedents. The alleged offence is neither punishable with death or life imprisonment. 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:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.72/2025 registered by - 4 - NC: 2025:KHC:17905 CRL.P No. 6001 of 2025 Konanakunte Police Station, Bengaluru City, for the offence punishable under Section 304 of IPC, 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; 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 DN