- 1 - NC: 2025:KHC:3718 CRL.P No. 11444 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11444 OF 2024 BETWEEN: GAJENDRA. N, S/O RAMAKRISHNA, AGED ABOUT 34 YEARS, RESIDING AT NO.85, VARSHA NILAYA 1ST CROSS, TOTADA ROAD, SANNAKKIBAYALU, KAMAKSHIPALYA, BANGALORE – 560 079 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. A.N RADHAKRISHNA, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, JNANABHARATHI PS, BANGALORE – REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001. …RESPONDENT (BY SRI. RANGASWAMY.R., ADVOCATE) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.344/2024 FOR THE OFFENCE P/U/S 103(1), 3(5) OF BNS OF THE RESPONDENT POLICE I.E., JNANABHARATHI Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3718 CRL.P No. 11444 of 2024 POLICE STATION, PENDING ON THE FILE OF 46TH ACJM COURT, BANGALORE CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by accused No.1 praying to enlarge him on bail in Crime No.344/2024 of Jnanabharathi Police Station, Bengaluru City, registered for offences punishable under Section 103(1), 3(5) of BNS, 2023. 2. Heard the learned counsel for petitioner, learned HCGP for respondent-State and perused the material on record. 3. In brief, it is the case of prosecution that on 26.08.2024 between 4:00 to 5:25 pm., accused Nos.1 and 2 picked up quarrel with deceased Mohammed Waseem in one VRK Bar, Shirke, Nagadevanahalli and assaulted him and hit him with a fiber chair, on account of which, said Mohammed Waseem sustained fatal injuries. - 3 - NC: 2025:KHC:3718 CRL.P No. 11444 of 2024 4. The complaint is lodged by one Mohammed Asif, brother of the deceased. He has stated that, he was informed by his friend Yusuf that 3 to 4 persons have assaulted his brother and one Rizwan in VRK Bar and he immediately rushed to the spot, wherein he saw his brother and Rizwan near the cricket ground in Chikkabasti. His brother Mohammed Waseem was unconscious and therefore, he shifted him to Rajarajeshwari Hospital at about 6:40 pm. However, the doctor after examining, declared him brought dead. 5. During investigation, the statements of eye witnesses namely C.W.2, C.W.8 to C.W.11 are recorded. As per post mortem report, cause of death is due to head injury sustained. 6. Learned HCGP has contended that in view of the statements of eye witnesses, there is a prima facie case against the petitioner for having committed an offence punishable with death or imprisonment for life. He contended that if the petitioner is enlarged on bail, he may - 4 - NC: 2025:KHC:3718 CRL.P No. 11444 of 2024 tamper with the prosecution witnesses and thereby hamper the case of prosecution. 7. Learned counsel for the petitioner has contended that even accepting the case of prosecution in its entirety, no intention can be attributed to the petitioner. Deceased himself is the aggressor and the only allegation against the petitioner is that, he fisted the deceased with hands. He submitted that the petitioner is already interrogated and not required for further interrogation and therefore, he may be enlarged on bail. 8. As per prosecution, when accused Nos.1 and 2 were consuming alcohol in one VRK Bar, deceased who was also present in the said Bar went and took the mobile phone of accused No.1, the petitioner herein. At that time, accused No.2 objected and questioned him. The deceased started abusing accused No.2. Both the accused assaulted the deceased with hands and accused No.2 hit him with a - 5 - NC: 2025:KHC:3718 CRL.P No. 11444 of 2024 fiber chair on his head. The suppliers and cashier of the Bar pacified the quarrel and sent them out. 9. The incident took place in the Bar. It is the definite case of the prosecution that the deceased himself went to the place where accused Nos.1 and 2 were consuming alcohol and took the mobile phone of accused No.1 and started abusing in filthy language. At that time, both accused Nos.1 and 2 fisted him with hands and kicked him. The cause of death is due to head injury. The specific allegation of hitting the deceased with a fiber chair is against accused No.2. The cashier and suppliers namely C.W.8 to C.W.11 pacified the quarrel and sent the deceased as well as accused Nos.1 and 2 out of the Bar. Thereafter, the deceased collapsed and died. 10. At this stage, it cannot be said that, the petitioner herein had any intention to commit murder or shared it with accused No.2. It is a matter for trial. Considering the facts and circumstances, as there are no criminal - 6 - NC: 2025:KHC:3718 CRL.P No. 11444 of 2024 antecedents against the petitioner, he can be admitted to bail by imposing conditions. Hence, following ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.344/2024 of Jnanabharathi Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 7 - NC: 2025:KHC:3718 CRL.P No. 11444 of 2024 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE PB List No.: 1 Sl No.: 19