- 1 - HC-KAR NC: 2025:KHC:39469 CRL.P No. 12046 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12046 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI MUNIVENKATAPPA @ APPI S/O RAMACHADRAPPA AGED ABOUT 39 YEARS R/AT KANNURU VILLAGE KYASAMBALLI HOBLI K.G.F TALUK KOLAR – 563 121. …PETITIONER (BY SRI NANJUNDA GOWDA M R, ADVOCATE) AND: THE STATE OF KARNATAKA BY KYASAMBALLI POLICE KOLAR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR.AMBEDKER VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SC No.127/2025 (IN CRIME No.7/2025 OF KYASAMBALLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39469 CRL.P No. 12046 of 2025 POLICE STATION) WHICH IS NOW PENDING ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE KOLAR (SITTING AT KGF) FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) AND 54 OF BNS 2023 (CORRRESPONDS TO SECTION 302 AND 114 OF IPC) 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 the petitioner –accused No.1 under Section 483 of BNSS seeking grant of bail in Crime No.7/2025 of Kyasamballi Police Station pending in S.C.No.127/2025 on the file of III Additional District and Sessions Judge, Kolar sitting at K.G.F registered for offences punishable under Sections 103(1) and 54 of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent –State. 3. Learned counsel for the petitioner would contend that accused No.2 who also alleged to assaulted the deceased has been granted bail by this Court in - 3 - HC-KAR NC: 2025:KHC:39469 CRL.P No. 12046 of 2025 Crl.P.No.6657/2025. C.W.2 is sole eye witness and he has stated that he saw the incident and saw the dead body on the next morning. There are 32 witnesses cited in the charge sheet and trial will take considerable time. As charge sheet is filed, the petitioner –accused No.1 is not required for custodial interrogation. On these, he prayed to allow the petition and grant bail to the petitioner – accused No.1. 4. Learned High Court Government Pleader would contend that C.W.2 is eye witness who has specifically stated overtacts of this petitioner and accused No.2 assaulting the deceased with crowbar/gadari on his head. The doctor who conducted post-mortem examination of dead body of the deceased has opined that the death is due to hemorrhage and asphyxia as a result of injuries sustained to head and chest. If the petitioner is granted bail, there are chances of he tampering prosecution witnesses. With these, she prays for rejection of bail. - 4 - HC-KAR NC: 2025:KHC:39469 CRL.P No. 12046 of 2025 5. Having heard learned counsels, this Court has perused charge sheet records and other materials placed on record. 6. On perusal of Cl.No.17 of charge sheet indicate that there is civil dispute between deceased – Manjunath and accused persons with regard to path and open space and there is quarrel in that regard. It is alleged that on 16.02.2025 at about 8.30p.m., petitioner – accused NO.1 went near the house of deceased – Manjunath and abused his father using filthy language. Thereafter, on his way to his house, he allegedly quarreled with deceased –Manjunath and assaulted him with a weapon on his chest, legs and other parts of body. Accused No.2 also abused the deceased –Manjunath using filthy language and assaulted him with his hands and instigated the petitioner -accused No.1 to commit the murder of Manjunath. In furtherance of said instigation, accused No.1 said to have been assaulted the deceased – Manjunath with crowbar (gadari) on his head and other - 5 - HC-KAR NC: 2025:KHC:39469 CRL.P No. 12046 of 2025 parts of the body and as a result the deceased Manjunath died in the spot. 7. C.W.2 is only eye witness and his statement has been recorded on 17.02.2025. The incident has taken place on 16.02.2025 at about 8.30p.m. As per statement of C.W.2, he has seen the incident in the night and he has seen the dead body of the Manjunath on the next morning on the spot. As per post mortem report, there is injury on the right side of chest measuring 22cm x 10cm with bluish contusion and the doctor has opined that death is due to hemorrhage and asphyxia as a result of injuries sustained to head and chest. On perusal of statement of C.W.2, there are no overtacts alleged against the petitioner assaulting the deceased on his chest with weapon. As charge sheet is filed, the petitioner –accused No.1 is not required for custodial interrogation. The apprehension of the prosecution is that if the petitioner is granted bail, he will tamper prosecution witnesses can be - 6 - HC-KAR NC: 2025:KHC:39469 CRL.P No. 12046 of 2025 met with by imposing stringent conditions. The petitioner has made out grounds for grant of bail with conditions. In the result, the following ORDER i) The petitioner is allowed. ii) The petitioner –accused No.1 is ordered to be released on bail in Crime No.7/2025 of Kyasamballi Police Station pending in S.C.No.127/2025 on the file of III Additional District and Sessions Judge, Kolar sitting at K.G.F subject to following conditions; a) The petitioner –accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner –accused No.1 shall appear regularly on all the dates of hearing before - 7 - HC-KAR NC: 2025:KHC:39469 CRL.P No. 12046 of 2025 the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner –accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner –accused No.1 shall not involve in similar offences in future; e) The petitioner –accused No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 26