- 1 - NC: 2025:KHC:7416 CRL.P No. 14223 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 14223 OF 2024 BETWEEN: SRI MADHU B.H., AGED ABOUT 43 YEARS S/O. HANUMANTHARAYAPPA R/O. BETHALURU VILLAGE KASABA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 138 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. H.L. JAYARAMU, ADVOCATE) AND: STATE OF KARNATAKA BY TUMAKURU RURAL P.S. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SRI. VENKAT SATHYANARAYAN, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER FOR RELEASE OF THE PETITIONER ON BAIL IN CR.NO.394/2023 (S.C.NO.68/2024) IN TUMAKUR RURAL P.S FOR THE OFFENCE P/U/S 324, 504, 506, 302 R/W 34 OF IPC AND SEC.27 OF INDIAN ARMS ACT WHICH IS PENDING ON THE FILE OF HONBLE II ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKURU. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7416 CRL.P No. 14223 of 2024 ORAL ORDER The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.394/2023 of Tumakuru Police Station, pending in S.C.No.68/2024, on the file of the learned II Additional District and Sessions Judge, Tumakuru, registered for the offences punishable under Sections 342, 504, 506, 302 read with Section 34 of Indian Penal Code (for short 'IPC') and Section 27 of Indian Arms Act, on the basis of the first information lodged by the informant - Rubin. 2. Heard Sri. H.L.Jayaramu, learned counsel for the petitioner and Sri. Venkat Sathyanarayan, learned High Court Government Pleader for the respondent -State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” - 3 - NC: 2025:KHC:7416 CRL.P No. 14223 of 2024 My answer to the above point is in ‘Negative’ for the following: R E A S O N S 4. The petitioner being accused No.1 is seeking grant of bail. He was apprehended on 27.12.2023 and since then, he is in judicial custody. The informant lodged the first information making specific allegations regarding commission of the offence by accused Nos. 1 and 2. After investigation, the charge sheet came to be filed. As per the charge sheet, CWs-1 to 5 are the eye-witnesses and CW-1 is the injured eye-witness. 5. It is the specific contention of the prosecution that, accused No.1 was having dispute with CW-13, CW-26 and the deceased regarding the landed property. On the date of incident when the deceased was proceeding along with CW-1, accused Nos. 1 and 2 approached them, picked up quarrel and assaulted the deceased with a dragger. When CW-1 tried to intervene in the matter, he was also assaulted, as a result of which, he sustained injuries. Accused No.1 assaulted the deceased after chasing him, while accused No.2 was holding - 4 - NC: 2025:KHC:7416 CRL.P No. 14223 of 2024 him. When the injured was taken to the hospital, he was declared brought dead. 6. It is stated that the statements of the eye- witnesses CW-1 to 5 were recorded by the learned Magistrate under Section 164 of Cr.PC. Even though post mortem report is not produced by either parties, the allegations made in the charge sheet discloses that, multiple injuries were caused to the deceased as a result of assault with dragger, which resulted in his death. It is also brought to the notice of the Court that, immediately after this incident, the wife of the deceased lodged another complaint against these accused stating that, she and other eye-witnesses are being threatened by the accused giving life threat. Considering these facts and circumstances, and the nature and seriousness of the offence, I am of the opinion that the petitioner is not entitled for grant of bail. 7. Accordingly, I answer the above point in the negative and proceed to pass the following: ORDER The petition is dismissed. - 5 - NC: 2025:KHC:7416 CRL.P No. 14223 of 2024 At this stage, learned counsel for the petitioner prays reserving liberty to move the Trial Court for grant of bail, after examination of material witnesses. Liberty is reserved as prayed for. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 9