- 1 - HC-KAR NC: 2025:KHC:48544 CRL.P No. 14503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14503 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. ARUN KUMAR S. @ BODA S/O LATE SHIVANNA, AGED ABOUT 21 YEARS, OCC:LABOURER, R/O.NEAR VEERANJANEYA TEMPLE, HANUMANTHA NAGARA, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT -577 301. 2. KUMARA H. @ KOKKU KUMAR, S/O LATE HANUMANTHAPPA, AGED ABOUT 19 YEARS, OCC: LABOURER, R/O.NEAR MUTTU MARIYAMMA TEMPLE, 4TH CROSS, HANUMATHA NAGARA, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT - 577 301. 3. DARSHAN @ INGLISH S/O ESHA, AGED ABOUT 21 YEARS, OCC : LABOURER, R/O. 6TH CROSS, LEFT SIDE, BHOVI COLONY, HOSAMANE EXTENSION, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT - 577 301. 4. SANJEEVARAYALU @ SANJIVA, S/O MARAPPA, AGED ABOUT 26 YEARS, OCC:LABOURER, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48544 CRL.P No. 14503 of 2025 R/O. KOMARANAHALLI VILLAGE, PAVAGADA TALUK, TUMAKURU DISTRICT - 561 202. …PETITIONERS (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. RAVINDRA B. DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HOSAMANE POLICE STATION, BHADRAVATHI TOWN CIRCLE, SHIVAMOGGA DISTRICT -577 301. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.91/2025 OF HOSAMANE POLICE STATION, BHADRAVATHI TOWN CIRCLE, SHIVAMOGGA DISTRICT (CHARGE SHEET FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 189(2), 189(4), 191(2), 191(3), 190, 238, 54 OF IPC (CORRESPONDING PROVISION SECTIONS 302, 142, 144, 147, 148, 201, 114 READ WITH SECTION 149 OF IPC) NOW PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, BHADARAVATHI IN C.C.NO.5555/2025 PENDING THE TRIAL. - 3 - HC-KAR NC: 2025:KHC:48544 CRL.P No. 14503 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 accused Nos.2, 3, 5 and 8 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.91/2025 of Hosamane Police Station, Bhadravathi, registered for offences punishable under Sections 103(1), 189(2), 189(4), 191(2), 191(3), 238 and 54 of IPC. 2. Learned counsel for petitioners has filed a memo seeking withdrawal of the petition filed by accused Nos.2, 3 and 5. 3. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State. 4. Learned counsel for petitioners would contend that, there is no serious overtact is alleged against - 4 - HC-KAR NC: 2025:KHC:48544 CRL.P No. 14503 of 2025 petitioner No.4/accused No.8. The serious overtact is alleged against accused No.1 who has assaulted the deceased with knife on his stomach. The postmortem report indicates that, the death of the deceased due to stab injury. The accusation against petitioner No.4 is that, he along with accused Nos.2 to 4 and 9 surrounded the deceased and made him not to move from that place and assaulted with hands. Petitioner No.4 has also sustained injury in the incident and he has also filed a complaint and it came to be registered in Crime No.92/2025. Petitioner No.4 took treatment in Government Hospital. As the charge sheet is filed, petitioner No.4 is not required for custodial interrogation. PetitionerNo.4 is in judicial custody since 07.05.2025. With these, he prayed to allow the petition. 5. Per contra, learned Additional State Public Prosecutor for respondent would contend that, C.W.3 to C.W.9 are eyewitnesses to the incident. Petitioner No.4/accused No.8 was present on the date of offence on - 5 - HC-KAR NC: 2025:KHC:48544 CRL.P No. 14503 of 2025 the spot and he along with accused Nos.2 to 4 and 9 surrounded the deceased and made him not to move from that place and assaulted with hands. Petitioner No.4 is involved in commission of theft and he is having criminal antecedents. With these, she prayed for dismissal of the petition. 6. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 7. The incident has taken place on 05.05.2025 at 8.30 p.m. The accusation against accused Nos.2 to 4, 9 and petitioner No.4/accused No.8 is that, they surrounded the deceased and made him not to move from that place and assaulted him with hands and abused in filthy language. There is no serious overtact against petitioner No.4 of assaulting the deceased with weapon. The allegation of assault with knife is against accused No.1. Petitioner No.4 has also filed a complaint and it came to be registered in Crime No.92/2025 and he has also sustained - 6 - HC-KAR NC: 2025:KHC:48544 CRL.P No. 14503 of 2025 injuries in the incident. Even though, petitioner No.4/accused No.8 is stated to be involved in fourteen (14) cases and the details of the same are not furnished. 8. Considering all the above aspects, petitionerNo.4/accused No.8 has made out a case for grant of bail with conditions. In the result, the following; ORDER a) The Criminal Petition filed by petitioner Nos.1 to 3/accused Nos.2, 3 and 5 is dismissed as withdrawn. b) The Criminal Petition filed by petitioner No.4/accused No.8 is allowed. The petitioner No.4/accused No.8 is granted bail in Crime No.91/2025 of Hosamane Police Station, subject to following conditions: i) Petitioner No.4/accused No.8 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court. - 7 - HC-KAR NC: 2025:KHC:48544 CRL.P No. 14503 of 2025 ii) Petitioner No.4/accused No.8 shall not tamper the prosecution witnesses either directly or indirectly. iii) Petitioner No.4/accused No.8 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for the speedy disposal of case. iv) Petitioner No.4/accused No.8 shall not involve in commission of any offence. If he found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 14