- 1 - HC-KAR NC: 2025:KHC:24795 CRL.P No. 8990 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8990 OF 2025 BETWEEN: 1. SRI YELESIDDAPPA S/O HANUMANTHAPPA AGED ABOUT 60 YEARS. 2. SRI BASAVARAJU S/O YELESIDDAPPA AGED ABOUT 42 YEARS. 3. SRI DADALURAPPA S/O YELESIDDAPPA AGED ABOUT 40 YEARS. PETITIONERS NO.1 TO 3 ARE RESIDING AT GIREGOWDANAHALLI VILLAGE, PURAVARA HOBLI MADHUGIRI TALUK - 572 175. …PETITIONERS (BY SRI MAHESH S, ADV.) AND: STATE OF KARNATAKA BY KODIGENAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL ARRAIGNED AS ACCUSED NO. 1, 2 AND 3 IN CRIME NO. 57/2025 FOR THE OFFENCES PUNISHABLE UNDER SEC. 189(2), 109, 352, 351(2), 190 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24795 CRL.P No. 8990 of 2025 AND SEC.103(1) OF BHARATIYA NYAAYA SANHITA, 2023 BY RESPONDENT KODIGENAHALLI POLICE PENDING ON THE FILE OF HONBLE PRL CIVIL JUDGE (SR DN) AND CJM COURT, MADHUGIRI, TUMAKURU DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 to 3 in Crime No.57/2025 registered by Kodigenahalli Police Station, Tumakuru District, for the offences punishable under Sections 189(2), 109, 352, 351(2), 190, 103(1) of BNS, 2023, are 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.57/2025 was registered by Kodigenahalli Police Station, Tumakuru District, initially for the offences punishable under Sections 189(2), 109, 352, 351(2), 190 of BNS, 2023, against the petitioners herein and others based on the first information dated 21.05.2025 received from Krishnamurthy who is one of the injured victims in the present case. It appears that injured Chowdamma had subsequently died in the hospital on 23.05.2025, and thereafter, the offence - 3 - HC-KAR NC: 2025:KHC:24795 CRL.P No. 8990 of 2025 punishable under Section 103(1) of BNS, 2023, was invoked against the petitioners in the present case. Petitioners herein were arrested on 22.05.2025 and remanded to judicial custody. Bail application filed by them before the jurisdictional Sessions Court in Crl. Misc. No.5139/2025 was rejected on 11.06.2025. Therefore, petitioners are before this Court. 4. Perusal of the averments found in the first information which had resulted in registration of FIR in Crime No.57/2025 against the petitioners and two others, would go to show that in the alleged incident that had taken place on 21.05.2025, the accused named in the FIR and the victims who were relatives had fought against each other. In the first information, it is stated that Chowdamma who was pushed during the course of quarrel, had fallen down and had sustained injury on her head. 5. There is no allegation as against any one of the accused named in the FIR about they assaulting Chowdamma on her head in the first information submitted by one of the victim in the present case. In the subsequent statement of the first informant, he has made an allegation that accused no.2 had assaulted Chowdamma on her head with a wooden club and as - 4 - HC-KAR NC: 2025:KHC:24795 CRL.P No. 8990 of 2025 a result, she had suffered head injury and had fallen down. Similar allegation is made against accused no.2 even in the statement of the other victims in the present case. However, the fact remains that so far as accused nos.1 & 3 are concerned, there is no allegation against them about they assaulting deceased Chowdamma in the incident that had taken place on 21.05.2025. Under the circumstances, I am of the opinion that at this stage, the prayer made by accused no.2 for grant of regular bail cannot be considered, and the prayer made by accused nos.1 & 3 as against whom there is no allegation of assaulting the deceased, can be entertained. Accordingly, the following order: 6. Petition is allowed in part. The petition as against accused no.2/petitioner no.2 is rejected. The petition as against accused nos.1 & 3/petitioner nos.1 & 3 is allowed. Accused nos.1 & 3/petitioner nos.1 & 3 are directed to be enlarged on bail in Crime No.57/2025 registered by Kodigenahalli Police Station, Tumakuru District, for the offences punishable under Sections 189(2), 109, 352, 351(2), 190, 103(1) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:24795 CRL.P No. 8990 of 2025 a) Accused nos.1 & 3/petitioner nos.1 & 3 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Accused nos.1 & 3/petitioner nos.1 & 3 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) Accused nos.1 & 3/petitioner nos.1 & 3 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Accused nos.1 & 3/petitioner nos.1 & 3 shall not involve in similar offences in future; e) Accused nos.1 & 3/petitioner nos.1 & 3 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