- 1 - HC-KAR NC: 2025:KHC:20234 CRL.P No. 7508 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7508 OF 2025 BETWEEN: SRI CHINDAMADA UTHAPPA @ DEEPU S/O LATE CHINDAMADA NANAIAH AGED ABOUT 45 YEARS RESIDING AT CHIKKAMANDURU VILLAGE, PONNAMPET TALUK KODAGU DISTRICT - 571 216. …PETITIONER (BY SRI PUTTARAJA C.P, ADV.) AND: THE STATE OF KARNATAKA BY SRIMANGALA POLICE REPRESENTED STATE PUBLIC PROSEUCTOR HIGH COURT KARNATAKA BANGALORE - 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 ENLARGE THE PETITIONER ON BAIL IN CRIME NO.52/2024 NOW S.C NO.5006/2025 SRIMANGALA P.S PENDING BEFORE THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS KODAGU MADIKERE SITTING AT VIRAJPETE FOR AN OFFENCE PUNISHABLE UNDER SECTION 105 OF BHARATIYA NYAYA SANHITHA. ON SUCH TERMS AND. 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:20234 CRL.P No. 7508 of 2025 ORAL ORDER 1. Accused in S.C.No.5006/2025 pending before the Court of II Addl. District & Sessions Judge, Kodagu-Madikere, arising out of Crime No.52/2024 registered by Srimangala Police Station, Kodagu 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.52/2024 was registered by Srimangala Police Station, Kodagu District, initially for the offence punishable under Section 103 of BNS, 2023, against the petitioner herein based on the first information submitted by Chindamada Janaki who is the wife of deceased Nanaiah and mother of the petitioner herein. During the course of investigation of the case, petitioner was arrested on 18.10.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed for the offence punishable under Section 105 of BNS, 2023. Bail application filed by the petitioner before the - 3 - HC-KAR NC: 2025:KHC:20234 CRL.P No. 7508 of 2025 jurisdictional Sessions Court in Crl. Misc. No.5092/2025 was rejected on 28.04.2025. Therefore, he is before this Court. 4. In the first information which is submitted by the mother of the petitioner herein, she has stated that the petitioner was addicted to alcohol, and therefore, nobody had come forward to marry him. Petitioner was in the habit of quarrelling with the relatives for the reason that they had not performed his marriage. On 17.10.2024, after consuming alcohol, petitioner had quarreled with his father Nanaiah for the reason that he had not performed his marriage. Subsequently, petitioner allegedly assaulted Nanaiah with a wooden club on his head and when the first informant raised a cry, petitioner had allegedly threw the wooden club and went away. Immediately thereafter, injured Nanaiah was shifted to the hospital, but on the same day, he had died in the hospital on 18.10.2024. 5. After completing the investigation, charge sheet has been filed for the offence punishable under Section 105 of BNS, 2023. Undisputedly, petitioner has no other criminal antecedents. The maximum punishment for the alleged offence is imprisonment for a period of 10 years. Petitioner is in - 4 - HC-KAR NC: 2025:KHC:20234 CRL.P No. 7508 of 2025 custody for the last nearly eight months. The allegation found in the charge sheet are required to be proved in a full-fledged trial. Under the circumstances, I am of the opinion that petitioner's prayer for grant bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5006/2025 before the Court of II Addl. District & Sessions Judge, Kodagu-Madikere, arising out of Crime No.52/2024 registered by Srimangala Police Station, Kodagu 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 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; - 5 - HC-KAR NC: 2025:KHC:20234 CRL.P No. 7508 of 2025 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 KK