- 1 - HC-KAR NC: 2025:KHC:48776 CRL.P No. 15177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15177 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI ABHISHEK S/O. HANUMANTHAPPA AGED ABOUT 19 YEARS RESIDING AT,K.G.PURA VILLAGE CHEEMANGALA POST JANGAMAKOTE HOBLI SHIDLAGHATTA TALUK. CHIKKABALLAPURA (D)561 207. …PETITIONER (BY SRI. VENKATA REDDY C M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHIKKABALLAPURA RURAL POLICE STATION CHIKKABALLAPURA DISTRICT. REP. BY. STATE PUBLIC PROSECUTOR PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA. BANGALORE-01. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL IN CRIME No.21/2025 OF CHIKKABALLAPURA RURAL P.S Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48776 CRL.P No. 15177 of 2025 (SC No.50/2025) FILED UNDER SECTION 103(1) OF BNSS ON THE FILE OF THE BEFORE THE HON’BLE COURT OF III ADDL.DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.2 under Section 483 of BNSS praying to grant bail in Crime No.21/2025 of Chikkaballapura Rural Police Station registered for offences punishable under Sections 103(1) and 238 of BNS pending in S.C.No.50/2025 on the file of III Additional District and Sessions Judge, Chikkaballapura. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. One of the circumstances is that C.W.4 has seen the accused persons and deceased together in bar on - 3 - HC-KAR NC: 2025:KHC:48776 CRL.P No. 15177 of 2025 29.01.2025. The bike of this petitioner and his mobile has been recovered at the instance of accused Nos.1 and 2 under mahazar. The dead body was found on 31.01.2025. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent -State would contend that the petitioner and accused No.1 have shown the place of offence and mahazar has been drawn. There is recovery of bike and mobile of this petitioner at the instance of accused Nos.1 and this petitioner –accused No.2 under mahazar. The post-mortem report indicate that there are several injuries on the dead body of the deceased and cause of death is hemorrhage, shock and cut throat injury. The offence alleged against this petitioner is heinous offence punishable with death or imprisonment for life. There is a prima facie case against the petitioner for - 4 - HC-KAR NC: 2025:KHC:48776 CRL.P No. 15177 of 2025 offences alleged against him. With this, he prayed for dismissal of the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. There was enmity between accused No.1 and deceased -Marutesh with regard to payment of bill for having consumed the liquor in the bar. Thereafter, also there was quarrel between accused No.1 and deceased and C.W.4 has pacified the said quarrel. After the said quarrel, deceased asked accused No.1 to get him liquor. After purchase of the liquor, accused Nos.1 and 2 and the deceased went to spot for consuming liquor, where again quarrel started between accused No.1 and the deceased. Accused Nos.1 and 2 assaulted the deceased with broken beer bottle and caused his death. The entire case of the prosecution is based on circumstantial evidence. There is recovery of bike at the instance of this petitioner and accused No.1 belonging to this petitioner -accused No.2. - 5 - HC-KAR NC: 2025:KHC:48776 CRL.P No. 15177 of 2025 As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out a case for grant bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.2 is granted bail in Crime No.21/2025 of Chikkaballapur Rural Police Station subject to following conditions: a) The petitioner –accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of jurisdictional Court. b) The petitioner –accused No.2 shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:48776 CRL.P No. 15177 of 2025 c) The petitioner –accused No.2 shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 14 Ct.sm