- 1 - HC-KAR NC: 2025:KHC:21069 CRL.P No. 7262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7262 OF 2025 BETWEEN: JOSEPAH JAN S/O JON M.J AGED ABOUT 30 YEARS R/O MUNDOOR HOUSE PANATHUR POST, PANATHADY HOSADURGA, KASARAGODE KERALA - 671 532. …PETITIONER (BY SRI HARISH GOWDA K.M, ADV., FOR SRI C.S. MADHU, ADV.) AND: STATE BY KYATHASANDRA POLICE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT THE BAIL TO PETITIONER IN CRL.NO.271/2024 OF KYATSANDRA POLICE, C.C. NO.510/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, TUMAKURU, FOR THE OFFENCE P/U/S 109(1) OF BHARATIYA NYA SANHITHA, 2023 ON SUCH TERMS AND CONDITIONS AS DEEMED FIT. 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:21069 CRL.P No. 7262 of 2025 ORAL ORDER 1. Accused in Crime No.271/2024 registered by Kyathasandra Police Station, Tumakuru District, for the offence punishable under Section 105 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.271/2024 was registered by Kyathasandra Police Station, Tumakuru District, initially for the offence punishable under Section 109(1) of BNS, 2023, against the petitioner based on the first information dated 03.11.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the offence punishable under Section 105 of BNS, 2023. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.284/2025 was rejected on 11.03.2025. Therefore, he is before this Court. 4. FIR in the present case was registered based on the first information received from the Police Officer after injured Mubharak who had suffered grievous injuries and was lying - 3 - HC-KAR NC: 2025:KHC:21069 CRL.P No. 7262 of 2025 unconscious at the spot of crime was found. During the course of investigation, petitioner herein who allegedly had assaulted the injured victim, was arrested on 03.11.2024. After completing investigation, charge sheet has been filed against the petitioner for the offence punishable under Section 105 of BNS, 2023. 5. In the charge sheet, it is alleged that on 03.11.2024 at about 9.00 p.m., petitioner and the deceased who are lorry drivers had parked their lorry in front of a hotel in NH-48 - Tumakuru Bengaluru Road and were consuming food. Deceased Mubharak allegedly started teasing the petitioner who got enraged and assaulted him with a wooden piece which he had in his lorry, and as a result, Mubharak suffered grievous injuries and was shifted to a hospital. It appears that Mubharak who was undergoing treatment in the hospital, subsequently died on 01.12.2024. It is under these circumstances, charge sheet has been filed for the offence punishable under Section 105 of BNS, 2023. The alleged offence is not punishable with death or imprisonment for life. Undisputedly, petitioner has no criminal antecedents. Investigation of the case is completed and charge - 4 - HC-KAR NC: 2025:KHC:21069 CRL.P No. 7262 of 2025 sheet is filed. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.271/2024 registered by Kyathasandra Police Station, Tumakuru District, for the offence punishable under Section 105 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which, one shall be local surety, 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 - 5 - HC-KAR NC: 2025:KHC:21069 CRL.P No. 7262 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK