- 1 - HC-KAR NC: 2025:KHC:48124 CRL.P No. 13531 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13531 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. ARUN S/O ANNAPPA OCC:- COOK R/O 3RD CROSS ANNANAGARA SHIVAMOGGA – 577 201. …PETITIONER (BY SRI MOHAN KUMAR T, ADVOCATE) AND: 1. STATE BY DODDAPETE POLICE STATION SHIVAMOGGA BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL TO THE PETITIONER WHO IS ARRAYED AS ACCUSED No.1 IN SC No.110/2025 ON THE FILE OF THE I ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA FOR THE OFFENCES UNDER SECTIONS 352, 109(1), 351(2), 61(2), 3(5), 54 OF BNS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48124 CRL.P No. 13531 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 This petition is filed by the petitioner -accused No.1 under Section 483 of BNSS praying to grant bail in S.CNo.110/2025 arising out of Crime No.38/2025 of Doddapete Police Station registered for offences punishable under Sections 352, 109(1), 351(2), 61(2), 3(5) and 54 of BNS pending on the file of I Additional District ad Sessions Judge, Shivamogga. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner is cook and he came in contact with accused No.2 in the house warming ceremony. The injured has been discharged from the hospital. Accused No.2 has been granted bail. There are no criminal - 3 - HC-KAR NC: 2025:KHC:48124 CRL.P No. 13531 of 2025 antecedents of the petitioner. The petitioner is suffering from fits, chest pain and seizure disorder and he has been taken to hospital on five occasions from the jail. As charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that accused No.2 gave her ornaments and abated accused No.1 to kill her husband i.e., injured (C.W.1). Accused No.1, who is having extra marital affair with accused No.2, assaulted with knife on C.W.1 on different parts of the body and also with the screwdriver and caused puncture wounds. C.W.1 has sustained 05 injuries and all are grievous injuries. Chilly powder, clothes of the petitioner have been seized. There is recovery of knife and screwdriver at the instance of this petitioner and they are blood stained as per FSL report. Pen drive containing CCTV footage of record of the incident has been seized. The ornaments belonging to accused No.2 have been seized from the possession of the - 4 - HC-KAR NC: 2025:KHC:48124 CRL.P No. 13531 of 2025 petitioner. C.W.4 and C.W.5 are eye witnesses to the incident. If the petitioner is granted bail, there are chances of he tampering the prosecution witnesses and committing similar offences. With this she prayed to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 6. The case of the prosecution is that petitioner - accused No.1 came in contact with accused No.2, wife of CW1, in a house warming ceremony as this petitioner is taking of catering contract. Thereafter accused Nos.1 and 2 have developed extra marital affair. C.W.1 started keeping an eye over accused No.2 and there was difficulty for accused No.2 to meet accused No.1. Accused No.2 met accused No.1, gave her ornaments and instigated accused No.1 to finish her husband –C.W.1. In furtherance, accused No.1 on 06.02.2025 at about 12.45p.m. when - 5 - HC-KAR NC: 2025:KHC:48124 CRL.P No. 13531 of 2025 C.W.1 was talking with accused No.1 regarding registration of the car, at that time, accused No.1 threw chilly powder to the eyes of C.W.1 and took knife kept in his bike and assaulted on right and left shoulder and chest and caused puncture injuries. C.W.1 made the said knife to fall, at that time, accused No.1 took screwdriver kept in his bike and assaulted with the same on C.W.1 and caused severe injuries. C.W.4 and C.W.5 are eyewitnesses to the incident. They have specifically stated the acts of this petitioner assaulting C.W.1. There is a recovery of knife and screwdriver and FSL report indicates that they are stained with human blood of ‘B’ group. The doctor who examined the said weapons opined that they may cause the injuries found on C.W.1. The Investigating Officer has seized pendrive containing CCTV footage wherein there is a record of the incident. On perusal of wound certificate, there are four puncture wounds on shoulder, arm, interior part of chest, abdomen, and multiple stab injury to chest. All the injuries are stated to be grievous in nature. The - 6 - HC-KAR NC: 2025:KHC:48124 CRL.P No. 13531 of 2025 injury caused is by weapon and it is on abdomen and it is vital part. The said aspect indicates the intention of the petitioner to kill the injured. 7. Considering all the charge sheet materials, there is a prima facie case against the petitioner for offences alleged against him. One of the offences alleged under Section 109 (1) of BNS is punishable with imprisonment for life. The petitioner who is stated to have been suffering from chest pain is diagnosed to be non cardiac chest pain. The medical record produced does not indicate any serious ailment of this petitioner which require treatment in higher center. The ailment of the petitioner can be treated in the Government hospitals. 8. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. - 7 - HC-KAR NC: 2025:KHC:48124 CRL.P No. 13531 of 2025 9. The observations made in the above order shall not influence the trial Court at the time of passing judgment. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 27 Ct.sm