- 1 - HC-KAR NC: 2025:KHC:22032 CRL.P No. 7361 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. 7361 OF 2025 BETWEEN: SRI SUBRAMANI S/O MOHAN AGED ABOUT 41 YEARS R/AT BAREDODDI CHATHRA VILLAGE, BIDADI HOBLI RAMANAGARA TALUK RAMANDARA DISTRICT - 562 109. …PETITIONER (BY SRI G. RAKESH RAJ, ADV.) AND: STATE OF KARNATAKA KAGGALIPURA P.S. BANGALORE, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE ABOVE PETITIONER/ACCUSED NO.3 ON BAIL IN CC.NO.5325/2025 OF CRIME NO.409/2024 REGISTERED P/U/S. 103, 109, 115(2), 118(1), 190, 352, 351(2)(3), R/W 3(5) OF BNS ACT OF 2023 REGISTERED BY RESPONDENT POLICE, PENDING BEFORE II ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT 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 M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22032 CRL.P No. 7361 of 2025 ORAL ORDER Accused No.3 in Crime No.409/2024 registered by Kaggalipura Police Station, Ramanagara District, for the offences punishable under Sections 103, 109, 115(2), 118(1), 190, 351(2) & 351(3) & 352 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.409/2024 was registered by Kaggalipura Police Station, Ramanagara District initially for the offences punishable under Sections 115(2), 118(1), 352, 351(2)(3) R/w 3(5) of BNS, 2023 against the petitioner herein and others, on the basis of first information dated 18.12.2024 received from Smt. Monisha wife of deceased Krishna. During the course of investigation, the petitioner herein who was arraigned as accused No.1 in the FIR was arrested on 21.12.2024. After completing investigation, charge sheet has been filed - 3 - HC-KAR NC: 2025:KHC:22032 CRL.P No. 7361 of 2025 against five persons and the petitioner herein is arraigned as accused No.3 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.683/2025 was dismissed on 22.04.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, CW.2 - Ambarish, who is the alleged injured eye witness to the incident in question had borrowed a sum of Rs.10,000/- from the petitioner and the same was not repaid. On 18.12.2024, the petitioner along with other accused persons had gone near the house of Krishna, friend of Ambarish for the purpose of recovery of aforesaid amount of Rs.10,000/-, which Ambarish had borrowed from the petitioner. Accused No.1 and the petitioner herein along with another juvenile accused had confronted Ambarish who was along with Krishna and demanded repayment of aforesaid amount of Rs.10,000/-. - 4 - HC-KAR NC: 2025:KHC:22032 CRL.P No. 7361 of 2025 6. It is alleged that, the petitioner had assaulted Krishna and Ambarish with his hands and accused No.1, who is the son of the petitioner thereafter assaulted Krishna on his head with a iron rod and as a result Krishna, who suffered grievous injury fell down and immediately he was shifted to a hospital. 7. Ambarish (CW2) was allegedly also assaulted by juvenile accused with a stone and caused injury. Krishna, who was admitted in the hospital had died on 20.12.2024 while undergoing treatment. Thereafter, offence punishable under Section 103 of BNS, 2023 has been invoked in the present case against accused. Insofar as the petitioner herein is concerned, the allegation against him is that, after quarreling with Krishna and his friend CW.2 Ambarish, he had assaulted them with hands. The allegation of assaulting the deceased Krishna on his head with iron rod is as against accused No.1, who is in custody. - 5 - HC-KAR NC: 2025:KHC:22032 CRL.P No. 7361 of 2025 8. The postmortem report of the deceased would go to show that, the death is as a result of injury to his head, which is corresponding to the assault made by Accused No.1. The petitioner, who has no other criminal antecedents is in custody from 21.12.2024. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.409/2024 registered by Kaggalipura Police Station, Ramanagara District, for the offences punishable under Sections 103, 109, 115(2), 118(1), 190, 351(2) & 351(3) & 352 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees - 6 - HC-KAR NC: 2025:KHC:22032 CRL.P No. 7361 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS