- 1 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13131 OF 2024 BETWEEN: SRI. VARUNA D.V, S/O LATE VASU D.M, AGED ABOUT 37 YEARS, R/AT DONNANINGALA VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 135. …PETITIONER (BY SRI. N.T. HAREESH KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY SHARAVANABELAGOLA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.98/2024 REGISTERED BY THE RESPONDENT SHRAVANABELAGOLA P.S., FOR THE OFFENCES P/U/S 103, 54, 351(2)(3), 352 R/W 3(5) OF BNS ACT, PENDING IN CC.NO.258/2024, AND COMMITTED TO SESSIONS COURT, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 WHICH IS NOW PENDING IN S.C.NO.222/2024 ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, CHANNARAYAPATNA. 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 in Crime No.98/2024 of Shravanabelagola Police Station, Hassan to enlarge him on bail. 2. Heard the learned counsel for the petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. The aforementioned Crime is registered on a complaint lodged by Kamalamma W/o. late Nangegowda, against accused Nos.1 and 2 for the offence punishable under Section 103 and 54 of BNS 2023. - 3 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 4. On conclusion of investigation the police have filed charge sheet under Section 103, 54, 351(2)(3), 352 read with Section 3(5) of BNS 2023. 5. In brief, case of the prosecution is that the complainant and the accused are neighbours. There was a dispute between them in respect of a passage situated in front of their house. Petitioner had filed O.S.No.188/2019 on the file of Senior Civil Judge JMFC, Channarayapatna. The accused had not agreed for settlement in the panchayat conducted in the house of CW.5-Krishne Gowda. On 03.07.2024 at about 08:30 a.m, workers of Jalajeevan Mission had come to lay water pipes in front of the house of deceased Dayanand. D.N. When the deceased was showing the place to dig the ground so as to lay the pipes, accused No.1 picked up quarrel with him. When the complainant tried to intervene, the said accused stabbed the deceased with a knife on his chest and back. Further, he assaulted the deceased with a chopper on his head and inflicted severe injuries. Deceased was immediately shifted to Government hospital, Shravana - 4 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 belagola for treatment, wherein, he succumbed to the injuries. 6. Learned counsel appearing for the petitioner has vehemently contended that there are serious discrepancies and contradictions in the case of prosecution as the statements of the alleged eye witnesses are recorded belatedly and they have given different versions in their statements recorded by the police and the learned magistrate. He contended that petitioner has also sustained severe injuries on his head for which he has taken treatment and in the complaint itself it is stated that even the petitioner was taken to the hospital for treatment. He contended that even accepting the case of prosecution, the incident has taken place in a sudden quarrel when the workers of Jalajeevan Mission had come to lay the pipes in front of the house of the accused and the deceased and as there was a pre-existing civil dispute between the parties, the same has led to a verbal quarrel which ultimately ended in deceased sustaining injuries. He contended that the statements of eye witnesses cannot be - 5 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 accepted at this stage in view of the discrepancies and accused No.2 has been already enlarged on bail and the petitioner being innocent, is languishing in judicial custody from 08.07.2024. It is submitted that petitioner is ready and willing to abide by any conditions and accordingly, the learned counsel has sought to allow the petition and enlarge the petitioner on bail. 7. Per contra, learned High Court Government Pleader has opposed the prayer for bail contending that the incident has taken place in a broad day light, wherein, the petitioner came to the spot armed and assaulted the deceased on his vital parts of the body with knife as well as chopper and committed his murder. He contended that the injury sustained by the petitioner is simple in nature. He contended that offence committed by the petitioner is heinous in nature, punishable with death or imprisonment for life and therefore, he is not entitled for the relief of bail. He further contended that if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses and - 6 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 thereby hamper the case of prosecution. He has accordingly, sought to dismiss the petition. 8. The civil dispute existing between the parties is stated in the complaint itself and it is not in dispute. It is the case of prosecution that on the date of incident i.e., on 03.07.2024, at about 08:30 a.m, CWs.16 and 17 namely the workers of Jalajeevan Mission Scheme came near the house of the complainant so as to cut the cement road and to lay water pipes. The deceased was present at the spot when the water pipe was being laid and at that time, accused No.1 came and picked up quarrel with him. At this stage, it cannot be said that there was any provocation on the part of the deceased which prompted the accused to inflict severe injuries on his vital parts of the body with a knife and chopper. The statements of the eye witnesses go to show that the accused stabbed the deceased on the left side of his chest and once again stabbed him on his neck, leg and other parts of the body. Accused No.2, none other than the mother of the petitioner brought a chopper and gave it to accused No.1 and instigated him not to leave - 7 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 the deceased. Once again petitioner assaulted the deceased with the chopper on the back of his head. 9. As per prosecution, in the process of assaulting the deceased, petitioner sustained some injuries to his head. 10. In have perused the wound certificate of the petitioner issued by one Mangala hospital, wherein, he took treatment on 03.07.2024 i.e., on the date of incident. As per the said wound certificate, petitioner has sustained Ⓛ stab injury, which is stated as simple in nature. 11. The deceased had sustained following injuries: 1) A cut wound over Ⓛ side of scalp extending in frontal-parietal region measuring 10 X 1.5cms. 2) A cut wound over ® parietal region measuring 7 X 1cms. 3) A cut wound over Ⓛ side neck measuring 8 X 3cms. 4) A stab wound over Ⓛ side upper chest measuring 5 X 2 cms. - 8 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 5) A cut wound over Ⓛ forearm measuring 4 X 2 cms. 6) A cut wound over Ⓛ hand measuring 12 X 2cms. 12. Cause of death is due to haemorrhage shock as a result of head injury, injury to vitals organs i.e., Ⓛ lung and Ⓛ carotid artery. 13. The discrepancies if any in the statements of the eye witnesses cannot be looked into at this stage. The veracity of the statements need to be tested during trial. The complainant is the mother of the deceased. She is also an eye witness. The incident took place at about 10:00 a.m. on 03.07.2024 and without loss of time, at 11:30 a.m., the complaint came to be lodged. In view of the statements of the eye witnesses, there is a prima-facie case against the petitioner for having committed an offence which is punishable with death or imprisonment for life. Considering the nature and gravity of the offence, petitioner is not entitled for the relief of bail. Further, - 9 - NC: 2025:KHC:515 CRL.P No. 13131 of 2024 petitioner tampering with eye witnesses is not ruled out, if the relief is granted. Hence, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 34 CT: BHK