- 1 - HC-KAR NC: 2025:KHC:40629 CRL.P No. 11968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11968 OF 2025 [439(Cr.PC) / 483(BNSS)] BETWEEN: MR RAJENDRA S/O DODDEGOWDA, AGED 50 YEARS, RESIDING AT AYARAHALLI VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.-573 116. …PETITIONER (BY SRI. YABESH M., ADVOCATE) AND: STATE OF KARNATAKA HIRISAVE POLICE STATION (REPRESENTED BY THE SPP, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.109/2025 (CRIME NO.26/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 352 AND 103 OF BNS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40629 CRL.P No. 11968 of 2025 OF HIRISAVE POLICE ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN (SITTING AT CHANNARAYAPATNA). 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 sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking for grant of bail in S.C.No.109/2025 (Crime No.26/2025) of Hiresave Police Station registered for offences punishable under Sections 115(2), 352 and 103 of Bharatiya Nyaya Sanhita, 2023 pending on the file of IV Additional District and Sessions Judge, Hassan (sitting at Channarayapatna). 2. Heard the learned counsel for petitioner and learned Additional Special Public Prosecutor for respondent - State. - 3 - HC-KAR NC: 2025:KHC:40629 CRL.P No. 11968 of 2025 3. Learned counsel for petitioner would contend that, eye witnesses are examined and the Forensic Science Laboratory (FSL) report indicates that the blood sample on the wooden club is not sufficient for serology examination. He contends that there was a stone bund at the spot, and petitioner/accused sustained injuries on his head due to fall on the said stone bund and he was admitted to the hospital and had undergone head surgery and he was discharged on 20.02.2025 and it is stated that on the same day, he has been arrested. The petitioner is in judicial custody since last eight months. The injured was taken to three different hospitals by traveling 180 kilometers over nine hours. Due to negligence of the relatives of deceased and lack of immediate medical treatment, he died. The injuries noted in requisition given for medical examination indicates that, there are cut injuries which are sutured. Considering all the above aspects, the petitioner is entitled for grant of bail with - 4 - HC-KAR NC: 2025:KHC:40629 CRL.P No. 11968 of 2025 stringent conditions. With these, he prayed to allow the petition. 4. Per contra, learned Additional Special Public Prosecutor would contend that, C.W.2 to 5 are eye witnesses to the said incident. Postmortem report indicates that, cause of death is due to head injury sustained. The FSL report indicates that, the wooden club seized has blood stains. Spot Mahazar indicates that there are JCB tyres marks on the spot and handle of the axe used by the accused to assault the deceased has been broken into three pieces. The trial is in progress and it will be concluded shortly as major witnesses in the charge sheet have been examined. If the petitioner is granted bail, there are chances of him getting absconded and hampering the trial. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. - 5 - HC-KAR NC: 2025:KHC:40629 CRL.P No. 11968 of 2025 6. The accusation against the petitioner/accused as per the charge sheet is that he went to dig pit for laying pipeline with the help of JCB near the land of deceased. At that time, C.W.1 and deceased objected for the same stating that there is jowar crop grown and the petitioner/accused went back to his house informed his wife and brought handle of the spade and assaulted on the head and left eyebrow of the deceased and caused severe injuries. The Postmortem report indicates that deceased sustained four injuries and cause of death was due to head injury. C.Ws.2 to 5 are the eyewitnesses to the said incident. The statement of eyewitnesses has also been recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita. The FSL report indicates that, handle of the spade has been stained with blood. The offence alleged against the petitioner/accused is a heinous offence and punishable either with death or imprisonment for life. 7. Considering all charge sheet materials, there is a prima-facie case against the petitioner for the offences - 6 - HC-KAR NC: 2025:KHC:40629 CRL.P No. 11968 of 2025 alleged against him. The trial is in progress and major charge sheet witnesses have been examined. At this stage, if the petitioner is enlarged on bail, there are chances of him being absconded and delay the trial. 8. Considering all the above aspects, the petitioner has not made out a case for grant of bail. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6