- 1 - HC-KAR NC: 2025:KHC:22974 CRL.P No. 6657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6657 OF 2025 BETWEEN: MR. RAJESH KUMAR @ RAJESH AGED ABOUT 38 YEARS, SON OF THIMMAIAH, RESIDING AT KANNURU VILLAGE, KYASAMBALLI HOBLI, KGF TALUK, KOLAR-563 121. …PETITIONER (BY SRI. N.S SRIRAJ GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE KYASAMBALLI POLICE STATION, KAVERANHALLI, KOLAR-563 121 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. MRS. ASHWINI AGED ABOUT 37 YEARS, RESIDING AT KANNURU VILLAGE, KYASAMBALLI HOBLI, KGF TALUK, KOLAR-563 121 …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER, ENLARGING THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22974 CRL.P No. 6657 of 2025 PETITIONER WHO HAVE BEEN ARRAIGNED AS ACCUSED NO.2 ON BAIL IN CR.NO.7 OF 2025 OF KYASAMBALLI POLICE STATION, REGISTERED FOR THE OFFENCE P/U/S 103(1) OF BNS, 2023, PENDING ON THE IST ADDL. CIVIL JUDGE AND JMFC, KOLAR. 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 No.2 in Crime No.7/2025 registered by Kyasamballi Police Station, for the offence punishable under Section 103(1) of BNS 2023, pending before the Court of the I Additional Civil Judge and JMFC, Kolar, 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.7/2025 was registered by Kyasamballi Police Station, for the aforesaid offence against Munivenkatappa and petitioner herein based on first information dated 17.02.2025 received from respondent No.2 - Ashwini, wife of Manjunatha. - 3 - HC-KAR NC: 2025:KHC:22974 CRL.P No. 6657 of 2025 4. During the course of investigation, accused Nos.1 and 2 were arrested on 17.02.2025 and subsequently remanded to judicial custody. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.156/2025 was rejected on 14.03.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that the petitioner who has no other criminal antecedents is in custody from 17.02.2025. Investigation of the case is completed and the chargesheet is filed. The entire allegation of assaulting the deceased with weapon is only against accused No.1 in the chargesheet. He accordingly prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:22974 CRL.P No. 6657 of 2025 7. FIR in the present case was registered against accused Nos.1 and 2 based on first information received on 17.02.2025 from Ashwini, wife of deceased Manjunath. The alleged incident has taken place at about 20.30 hours on 16.02.2025 and first information was submitted on 17.02.2025 at about 13.30 hours. Accused Nos.1 and 2 were arrested on 17.02.2025 and subsequently remanded to judicial custody. 8. Investigation is completed and the charge sheet is filed. As per the charge sheet allegation, accused No.1 had ill-will with deceased Manjunath having regard to certain civil dispute between them relating to a vacant site. On 16.02.2025 at about 8.30 p.m., accused No.1 went near the house of deceased Manjunath and abused his father using filthy language. Thereafter, on his way to his house, he allegedly quarreled with deceased Manjunath and assaulted him with a weapon on his chest, legs and other parts of his body. Accused No.2 who came there also abused deceased Manjunath using filthy language and - 5 - HC-KAR NC: 2025:KHC:22974 CRL.P No. 6657 of 2025 assaulted him with his hands and instigated accused No.1 to commit the murder of Manjunath. Accused No.1 thereafter went to his house and brought a spade and assaulted Manjunath with the same on his head and as a result, Manjunath fell down and died at the spot. Postmortem report of deceased Manjunath would go to show that the death was due to hemorrhage and asphyxia as a result of injuries sustained to head and chest. Injuries sustained by the deceased correspond to the assault made by accused No.1 with a weapon. 9. So far as accused No.2/petitioner is concerned, the only allegation against him is that he had assaulted the deceased with his hands and had instigated accused No.1 to commit murder of deceased Manjunath. Petitioner had no criminal antecedents. Investigation is completed and charge sheet is filed. Accused No.1 is already arrested and remanded to judicial custody. Under the circumstances, I am of the opinion that the prayer made - 6 - HC-KAR NC: 2025:KHC:22974 CRL.P No. 6657 of 2025 by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.7/2025 registered by the Kyasamballi Police Station, for the offence punishable under Section 103(1) of BNS 2023, pending before the Court of the I Additional Civil Judge and JMFC, Kolar, subject to the following conditions: 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; - 7 - HC-KAR NC: 2025:KHC:22974 CRL.P No. 6657 of 2025 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 PKS List No.: 1 Sl No.: 64