- 1 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 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. 7520 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KARTHIK H.S. S/O SHIVANNA, AGED ABOUT 28 YEARS, R/AT BEHIND PERIYAPATNA TEMPLE, SAIBABA NAGARA, ANDRAHALLI MAIN ROAD, BENGALURU - 560091 PERMANENTLY RESIDING AT HELEVOOR VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. 572101 (ACCUSED NO. 1 IS IN J.C.) …PETITIONER (BY SRI. CHANDRASHEKAR R P.,ADVOCATE) AND: 1. STATE OF KARNATAKA SHO, BYADARAHALLI PS, BENGALURU RURAL, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 of 2025 BENGALURU -560001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDITIONAL S.P.P.) THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.62/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 115(2), 351(3), 352 R/W 3(5) OF BNS, REGISTERED BY THE BYADARAHALLI P.S., BENGALURU, NOW PENDING BEFORE THE HONBLE VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, BENGALURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in S.C. No.62/2025 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural, at Bengaluru, arising out of Crime No.763/2024 registered by the Byadarahalli Police Station, Bengaluru for the offences punishable under Sections 103, 115(2), 351(3), 352 read with Section 3(5) of the BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 of 2025 3. FIR in Crime No. 763/2024 was registered by Byadarahalli Police Station, Bengaluru City, initially for the offences punishable under Sections 103, 115(2), 351(3), 352 read with Section 3(5) of the BNS, 2023 against the petitioner and others based on the first information dated 28.11.2024 received from Avinash, brother of the deceased Abhishek. During the course of investigation, petitioner herein was arrested on 30.11.2024. After completion of investigation, chargesheet has been filed against four persons. Petitioner is arrayed as accused No.1 in the chargesheet. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that incident in question had taken place in a spur of moment after the parties had fought against each other. He submits that petitioner has no other criminal antecedents and all other accused have been - 4 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 of 2025 granted bail in the present case. Case before the Trial Court is at the stage of ‘Hearing Before Charge’. Accordingly, prays to allow the application. 5. Per contra, learned Additional State Public Prosecutor submits that C.W.1 who is the brother of the deceased is an eye-witness to the incident. Petitioner allegedly had illicit relationship with accused No.3. For the reason that the deceased had not repaid the amount borrowed from the petitioner, he had assaulted deceased with a metal bangle and, therefore, petitioner’s prayer for grant of regular bail needs to be rejected. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record goes to show that accused No.4 – Nikitha was the wife of the deceased Abhishek and accused No.3 Nishchitha is the wife of C.W.1 – Avinash. Deceased Abhishek and Avinash are brothers. It is alleged that accused No.3 had - 5 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 of 2025 illicit relationship with accused No.1. C.W.1 allegedly had borrowed a sum of Rs.50,000/- from accused No.1 and had not repaid the same. Accused No.1 had, therefore, allegedly demanded repayment of the said amount from C.W.1. 7. On 27.11.2024, deceased who is the elder brother of C.W.1 allegedly had confronted accused No.1 and asked him as to why he was demanding excess money from C.W.1 and it appears that there was a quarrel between deceased Abhishek and accused No.1 - petitioner herein. C.W.5 – Manjula is the mother of accused No.3 and 4. She had stated that petitioner had called her at about 10.00 p.m. on 27.11.2024 and had informed her that deceased was quarreling with him. Immediately thereafter, C.W.5 and her daughters had gone to the alleged spot and it appears that petitioner and the deceased had further quarreled with each other and the petitioner - 6 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 of 2025 allegedly had assaulted the deceased with a metal bangle which he was wearing in his hand. 8. Statement of C.W.5 would go to show that after petitioner had assaulted deceased with the metal bangle, C.W.1 and his friends came to the spot and thereafter they had shifted the deceased to a hospital on the early hours of 28.11.2024. After the deceased was admitted to the hospital, the first informant had approached the police. Deceased had died in the hospital on 29.11.2024 and subsequently offence punishable under Section 302 of IPC had been invoked against the accused in the present case. 9. Post-Mortem report of the deceased would go to show that he had suffered only abrasion injuries on his body. Except one fracture injury on his head, all other injuries found on the dead body of deceased are not serious in nature. Petitioner has not used - 7 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 of 2025 any deadly weapon to assault the deceased. After there was a quarrel regarding repayment of money by C.W.1 to the petitioner, the petitioner had allegedly assaulted the deceased with a metal bangle which he was wearing. All other accused persons have been enlarged on bail in the present case. Petitioner has no other criminal antecedents and he is in judicial custody from 30.11.2024. The trial in the case is yet to commence and prosecution has cited 27 chargesheet witnesses in the present case. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following – ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.763/2024 of Byadarahalli Police Station registered for the offences punishable under Sections 103, 115(2), - 8 - HC-KAR NC: 2025:KHC:22971 CRL.P No. 7520 of 2025 351(3), 352 read with Section 3(5) of the 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; 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 HNM List No.: 1 Sl No.: 77P