- 1 - NC: 2025:KHC:4157 CRL.P No. 14050 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14050 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: KAMALESH YADAV @ KAMALESH KUMAR S/O ASHOK YADAV AGED ABOUT 19 YEARS, RESIDING AT UMESH BUILDING, THOTADAGUDDADAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK. …PETITIONER (BY SRI. NANAIAH N.S., ADVOCATE) AND: THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER ON BAIL IN S.C.NO.256/2024 (ARISING OUT OF CRIME NO.613/2024) OF MADANAYAKANAHALLI POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4157 CRL.P No. 14050 of 2024 SECTION 109(1) OF THE BHARATIYA NYAYA SANHITA PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Charge sheet is filed against the petitioner for an offence punishable under Section 109(1) of BNS, 2023, wherein it is alleged that he has attempted to commit the murder of one Golu Kumar son of late Atham Ram by stabbing him with a kitchen knife. 2. As per prosecution, accused, CW.1, CWs.3 and CW.4 are all construction workers and they were residing together. On 16.07.2024 at about 8.30 p.m., when CW.1 was preparing food, accused picked up quarrel with him saying that he doesn’t know to cook properly and took the knife which was in the hand of CW.1 and stabbed him thrice on his abdomen. - 3 - NC: 2025:KHC:4157 CRL.P No. 14050 of 2024 3. Learned counsel for petitioner has contended that the incident has taken place in a quarrel, without any intention or premeditation. The accused was not armed with a knife, on the other hand, even according to the prosecution the knife was in the hands of CW.1. He contended that the injured was not admitted in the hospital and he has not suffered any life threatening injuries. 4. Learned Additional SPP has contended that the accused stabbed the victim on the vital parts of his body and therefore, there is a prima facie case against him for attempting to commit murder. She contended that the petitioner hails from the State of Bihar and since trial is fixed, if he is released on bail, he may flee from justice and in that event it will be difficult to secure his presence before the trial Court. 5. CW.1 – complainant is the victim. CWs.3 and 4 are the eye witnesses. As per wound certificate, victim has suffered multiple stab wound over the abdomen near - 4 - NC: 2025:KHC:4157 CRL.P No. 14050 of 2024 the Umbilicus, 3 in number with maximum measuring 5 cm x 1 cm x abdominal cavity a deep bleeding. Injuries are said to be grievous in nature. 6. There is a prima facie case against the petitioner. He has stabbed the injured on the vital part of his body. Injuries inflicted are grievous in nature. Petitioner hails from the State of Bihar. Hence, as rightly contended by the learned Additional SPP, there are chances of petitioner fleeing from justice if released on bail. 7. Liberty is reserved to the petitioner to move the Sessions Court for bail after examination of CWs.1, 3 and 4. Petition is dismissed with the above observation. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 30 Ct:ra