- 1 - HC-KAR NC: 2025:KHC:26546 CRL.P No. 4890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.4890 OF 2025 BETWEEN: PRASANNA KUMAR G S/O D M JANARDHAN GOWDA, AGED ABOUT 41 YEARS, LAL BAG DASARAHALLI VILLAGE, HOSKOTE TALUK, KARNATAKA-562114 …PETITIONER (BY SRI RANGANATH REDDY R, ADVOCATE) AND: STATE BY THE STATION HOUSE OFFICER, HOSKOTE POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR (HIGH COURT OF KARNATAKA) PIN CODE-560001 …RESPONDENT (BY SMT.WAHEEDA.M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGED ON BAIL IN FIR IN CRIME NO.177/2024 REGISTERED BY HOSKOTE POLICE REGISTERED IN PRL.CIVIL JUDGE AND JMFC, AT HOSKOTE FOR OFFENCE PUNISHABLE UNDER SECTION 103(1) OF BNS, 2023 WHICH IS PENDING AS C.C.NO.2070/2025 BEFORE THE HON'BLE COURT OF PRL.CIVIL JUDGE AND JMFC AT HOSKOTE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26546 CRL.P No. 4890 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in Crime No.377/2024 registered by Hoskote Police Station, Bengaluru, for the offence punishable under Section 103(1) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.377/2024 was registered by Hoskote Police Station, Bengaluru, against the petitioner herein initially for the offence punishable under Section 109 of BNS, 2023, based on the first information dated 05.12.2024 received from Kirankumar, who is the brother of the petitioner and son of the deceased Janardhan Gowda. During the course of investigation, petitioner was arrested on 05.12.2024 and subsequently remanded to judicial custody. The injured Janardhan Gowda, who is the father of petitioner had died in the hospital on 06.12.2024 and therefore, Section 103(1) of BNS, 2023, was invoked against the petitioner in the present case. After completing the investigation, charge sheet has been - 3 - HC-KAR NC: 2025:KHC:26546 CRL.P No. 4890 of 2025 filed. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.500/2025 was rejected on 24.03.2025. Therefore, he is before this Court seeking regular bail. 4. The first informant in the present case is the brother of the petitioner and son of deceased Janardhan Gowda. In the first information which is filed on 05.12.2024 at about 19.30 hours, it is stated that on the night of 04.12.2024 at about 10.30 p.m., when the first informant and his family members were in the house, they heard the petitioner quarreling with his wife Lavanya and therefore, the first informant, his brother-in- law Raghavendra, his father Janardhan Gowda and his sister Arunkumari went to the house of the petitioner and advised him not to quarrel with his wife. Thereafter, he and his sister came out from the house of the petitioner. His brother-in-law Raghavendra all of a sudden asked him to come inside the house of the petitioner and when he went inside the house of the petitioner, he saw that the petitioner had assaulted his father with a roller comb on his left eye. Thereafter, the injured Janardhan Gowda was shifted to a local hospital at - 4 - HC-KAR NC: 2025:KHC:26546 CRL.P No. 4890 of 2025 Hoskote and subsequently to M.V.J. Hospital, Hoskote. In the said hospital, he died on 06.12.2024. 5. After completing the investigation, charge sheet has been filed against the petitioner for the offence punishable under Section 103(1) of BNS, 2023. As per the charge sheet allegation, Janardhan Gowda had assaulted the petitioner with his hands for the reason that he was quarreling with his wife and the petitioner who got enraged, pushed Janardhan Gowda to a Sofa and assaulted him with a roller comb on his left eye. Except the said injury, there is no other injury on the body of the deceased. It appears that the incident in question had taken place in a spur of the moment after the deceased assaulted the petitioner with his hands for the reason that the petitioner was often quarreling with his wife. The petitioner has not used any weapon to assault the deceased Janardhan Gowda, but assaulted him with a roller comb and unfortunately, in view of the injury suffered by Janardhan Gowda on his left eye, he had died on 06.12.2024. The petitioner is a married man having family. It appears that there is some matrimonial dispute between the petitioner and his wife. In the present - 5 - HC-KAR NC: 2025:KHC:26546 CRL.P No. 4890 of 2025 case, he is in custody for the last more than 7 months. Investigation is completed. Therefore, I am of the view that his prayer for grant of regular bail is to be answered affirmatively. 5. Hence, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.377/2024 registered by Hoskote Police Station, Bengaluru, for the offence punishable under Section 103(1) of BNS, 2023, subject to the following conditions: (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future; - 6 - HC-KAR NC: 2025:KHC:26546 CRL.P No. 4890 of 2025 (e) The petitioner 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 MV, List No.: 1 Sl No.: 32