- 1 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11728 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. VINOD KUMAR G S/O GOPALAIAH AGED ABOUT 29 YEARS RESIDING AT GOTTIGERE PALYA SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT – 562 111. …PETITIONER (BY SRI. HARISH KUMAR M R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DOBBASPET POLICE STATION BENGALURU - 562 111 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENT (BY SMT.PUSHPALATHA.B., ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.5/2025 C.C.No.4218/2025 S.C.No.111/2015 OF DOBBASPET POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1),3(5) OF BNS 2023 PENDING ON THE FILE OF THE LEARNED VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in crime No. 5/2025 of Dobbaspet Police Station, Bengaluru Rural District pending in S.C. No. 111/2025 on the file of VI Additional District and Sessions Judge, Bengaluru Rural District registered for offences under Section 103(1), 3(5) of Bharathiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent- State. 3. Learned counsel for the petitioner would contend that accused No. 2 who is similarly placed to that of petitioner has been granted bail by this Court in Crl.P. No. 8269/2025 by order dated 15.07.2025 and therefore, petitioner is entitled for grant of bail on the ground of - 3 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 parity. C.W. 2 and C.W.3 are stated to be not eyewitness to the incident which has taken place in industrial area and they are eyewitness to the incident which has taken place near the bar and their statements is recorded on 29.01.2025 and 28.01.2025 after lapse of 14 days of the alleged incident. As charge sheet is filed, petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that C.W.2 and C.W.3 have seen the petitioner and another assaulting the deceased near the bar. P.M. report indicates injuries corresponding to the said overt act of the petitioner. Charge sheet material show prima facie case against the petitioner for offences alleged against him. With this, she prayed to reject the petition. 5. Having heard learned counsel for the parties this Court has perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 6. First Information Report in crime No. 5/2025 was registered by Dobbaspet Police Station, Bengaluru, initially for offences punishable under Section 118 (1) r/w Section 3 (5) of BNS, 2023 against Vinod and two others, based on the first information dated 14.01.2025 received from Jaikumar, S/o Late Manikyam, who is the deceased in the present case. 7. During the course of investigation, first informant Jaikumar, who was admitted in the hospital had subsequently died on 22.01.2025, thereafter offence punishable under Section 103(1) of BNS, 2023 was invoked in the present case. 8. First information in the present case was registered based on the statement of Jaikumar, who is the deceased in the present case. Jaikumar, who was admitted in the hospital has stated that on 14.01.2025 at about 9.45 p.m., he had gone to a Bar and Restaurant to consume alcohol and when he was returning from the said Bar and Restaurant after consuming alcohol, three persons - 5 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 all of a sudden confronted him and started assaulting him. Thereafter they took him in a motor bike and assaulted him with a wooden club and as a result, he lost his consciousness. On the next day at about 6.45 a.m., Govindraju – C.W.12 and Balaraju – C.W.13 had shifted him to a hospital for treatment. Amongst the three persons who allegedly had assaulted Jaikumar, he had identified accused No.1 – Vinod and it is under these circumstances FIR was registered against Vinod and two other unknown persons. Jaikumar who was admitted in the hospital had subsequently died in the hospital on 22.01.2025 while undergoing treatment. 9. According to the charge sheet allegations accused No.2 had a transaction relating to some property with C.W.4 who is the brother-in-law of accused No. 2. C.W.2 was due to pay a sum of Rs.17,00,000/- to accused Nos. 1 and 2 and had initiated a cheque bounce case against said Shiva Kumar. - 6 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 10. On 14.01.2025 accused No.2 and his friend accused No.1 had consumed alcohol in a Bar and Restaurant and accused No.2 had returned to his house at about 7.30 p.m. Jaikumar who came near the Bar and Restaurant, allegedly quarreled with accused No.1 Vinod who advised him to go home. Thereafter accused No.2 also came near the Bar and Restaurant at about 10.00 p.m., and even he also advised Jaikumar to go home. Since Jaikumar who had consumed alcohol was shouting at them, accused No.1 and 2 instead of going inside the Bar and Restaurant, went towards the industrial area at Gottigerepalya and were consuming alcohol there. At about 11.00 p.m., deceased who went to the spot where accused No.1 and 2 were consuming alcohol, once again started to quarrel with them and he allegedly informed accused No.2 that he will advise his brother-in-law C.W.4 not to pay the money to accused No.2. 11. It is further alleged in the charge sheet that thereafter accused No.1 and 2 assaulted Jaikumar with - 7 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 PVC pipe and wooden club which was lying nearby and injured Jaikumar, thereafter ran away from the spot. Subsequently, at about 7.00 a.m., on 15.01.2025 C.W.12 and 13 had shifted injured Jaikumar to the hospital. 12. From the aforesaid, it is apparent that Jaikumar was a stranger to accused Nos. 1 and 2 and only after Jaikumar had quarreled with them after consuming alcohol, they had assaulted him. 13. As per the charge sheet allegations though accused Nos. 1 and 2 had gone away and were consuming alcohol at a distance from the Bar and Restaurant, Jaikumar after consuming alcohol went to the said spot and once again quarreled with accused Nos. 1 and 2 and subsequently accused Nos. 1 and 2 assaulted him with a PVC pipe and wooden club which was lying near them. 14. Undisputedly, accused Nos. 1 and 2 did not have any motive or intention as against Jaikumar. In the first information submitted by Jaikumar he has not stated about the presence of petitioner at the spot. As per the - 8 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 charge sheet, Jaikumar was acquainted to the petitioner and if that is so, Jaikumar should have mentioned the presence of accused No. 2 at the spot of crime. 15. Accused No. 2 who is having grudge against the deceased has been granted bail by this Court and therefore, petitioner – accused No. 1 who is similarly placed to that of accused No. 2 is entitled for grant of bail with conditions. 16. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in crime No. 5/2025 of Dobbaspet Police Station, Bengaluru Rural District pending in S.C. No. 111/2025 on the file of VI Additional District and Sessions Judge, Bengaluru Rural District subject to following conditions. I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. - 9 - HC-KAR NC: 2025:KHC:41558 CRL.P No. 11728 of 2025 II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall regularly appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 32 Ct-sm