- 1 - HC-KAR NC: 2025:KHC:42978 CRL.P No. 12542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12542 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MURTHI S/O. LATE NAGARAJA AGED ABOUT 28 YEARS R/O, GONAMAKANAHALLI VILLAGE ANDERSONPET POST ROBERTSONPETHOBLI K.G.F.TALUK KOLAT DISTRICT – 563 113. 2. ARJUN S/O. SEENAPPA AGED ABOUT 26 YEARS R/O, GONAMAKANAHALLI VILLAGE ANDERSONPET POST, ROBERTSONPETHOBLI K.G.F.TALUK KOLAT DISTRICT – 563 113. …PETITIONERS (BY SMT. JAYALAKSHMI P N AND SRI UDHAYA KUMAR G, ADVOCATES) AND: 1. STATE OF KARNATAKA BY, ANDERSONPETPOLICE STATION, REP BY STATE PUBLIC PROSECUTOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42978 CRL.P No. 12542 of 2025 HON'BLE HIGH COURT OF KARNATAKA AT BANGALORE – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.No.21/2025 ANDERSONPET P.S. AND THE SAME IS CHARGE SHEETED AGAINST THEM IN C.C.No.2179/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1),115(2),118,351(2),352 R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) J.M.F.C COURT KOLAR DISTRICT K.G.F. AND ETC., 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 accused Nos.1 and 2 under Section 483 of BNSS to grant bail in Crime No.21/2025 of Andersonpet Police Station registered for the offences under Sections 103(1), 115(2), 118, 3(5), 351(2), 352 of BNS. 2. Heard learned counsel for petitioners and learned Additional SPP for respondent/State. - 3 - HC-KAR NC: 2025:KHC:42978 CRL.P No. 12542 of 2025 3. Learned counsel for petitioners would contend that the incident has taken place on 02.03.2025 and the complaint has been filed on 10.03.2025 and there is a delay in filing the complaint. The deceased who is stated to have sustained injury on his abdomen due to the assault by these petitioners has not made any complaint either to the police or in the hospital. The I.O. has not collected any case sheet pertaining to the treatment and history stated to the doctor at the time of admission. The statement of eyewitnesses i.e. CW.2 and CW.3 are recorded on 12.03.2025 after 10 days of the incident and it creates doubt regarding they being eye witnesses to the incident. As the charge sheet is filed, the petitioners are not required for custodial interrogation. With this, he prays to allow the petition. 4. Per contra, learned Addl.SPP would contend that CW.2 and CW.3 are eye witnesses to the incident and they have specifically stated the acts of these petitioners assaulting the deceased with knife on his stomach. The - 4 - HC-KAR NC: 2025:KHC:42978 CRL.P No. 12542 of 2025 deceased who has sustained injury on 02.03.2025 and died on 08.03.2025 and doctor who conducted PM examination has opined that death is due to infective complications due to injury to abdomen. The charge sheet material shows prima-facie case against the petitioners. With this, she prayed for rejection of the petition. 5. Having heard the learned counsels, the court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the accusation against these petitioners is that there was a quarrel between petitioners and the deceased on 25.02.2025 and due to the said enemity, the petitioners on 02.03.2025 have quarreled with the deceased and assaulted him with a knife on his stomach and caused injury and deceased died on 08.03.2025. The incident has taken place on 02.03.2025. The statement of two eye witnesses, namely CW.2 and CW.3, have been recorded on 12.03.2025. There is no any complaint by CW.2 and CW.3 to the police regarding the - 5 - HC-KAR NC: 2025:KHC:42978 CRL.P No. 12542 of 2025 petitioners committing assault with knife on the deceased. The learned counsel for petitioners submits that delay in recording the statement of CW.2 and CW.3 creates doubt regarding their presence and witnessing the incident. The deceased immediately after the incident has not filed any complaint against the petitioners. As per averments of the complaint the deceased after taking treatment for injuries came back to his house and after two days again he went to hospital and he died in the hospital. The charge sheet has been filed and therefore, the petitioners are not required for custodial interrogation. The petitioners are in judicial custody since 07.05.2025. There are no criminal antecedents of the petitioners. Considering the above aspects, the petitioners have made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioners are granted bail in Crime No.21/2025 of Andersonpet Police Station subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:42978 CRL.P No. 12542 of 2025 (i) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh) each, with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioners shall attend the trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 15 Ct.sm