- 1 - HC-KAR NC: 2025:KHC:41557 CRL.P No. 10848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10848 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. VINOD GOWDA D @ VINOD S/O LATE DEVARAJU AGED ABOUT 22 YEARS R/AT HAROBANDE VILLAGE CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT PIN-562 101. …PETITIONER (BY SRI BASAVARAJU T A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKABALLAPURA RURAL POLICE STATION CHIKKABALLAPURA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI AT BANGALURU, -PIN-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 PETITIONER ON Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41557 CRL.P No. 10848 of 2025 BAIL IN CRIME No.21/2025 OF CHIKKABALLAPURA RURAL POLICE STATION FOR AN OFFENCE U/S 103(1), 238 OF BHARATIYA NYAYA SANHITA (BNS)-2023, WHICH IS PENDING ON THE FILE OF HON’BLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA IN S.C. No.50/2025 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 1. This petition is filed by accused No. 1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail in crime No. 21/2025 of Chikaballapura Rural Police Station registered for offences under Section 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 pending in S.C. No. 50/2025 on the file of III Additional District and Sessions Judge, Chikaballapura. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State. 3. Learned counsel for petitioner would contend that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial - 3 - HC-KAR NC: 2025:KHC:41557 CRL.P No. 10848 of 2025 evidence. One of the circumstances is that C.W.4 has seen the accused persons and deceased together in a bar on 29.01.2025. Bike of accused No. 2 and his mobile has been recovered at the instance of accused Nos. 1 and 2 under mahazar. Dead body was found on 31.01.2025. As charge sheet is filed, petitioner is not required for further custodial interrogation. There are no criminal antecedents. With this, he prayed for grant of bail. 4. Per contra learned Additional SPP would contend that petitioner and accused No. 2 have shown the place of offence and mahazar has been drawn. There is recovery of bike and mobile of accused No. 2 at the instance of accused Nos. 1 and 2 under mahazar. The PM report indicates that there are several injuries on the dead body of the deceased and cause of death is haemorrhagic shock and cut throat injury. Offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. Charge sheet material show prima - 4 - HC-KAR NC: 2025:KHC:41557 CRL.P No. 10848 of 2025 facie case against the petitioner. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel for the parties, this Court has perused charge sheet records. 6. There was enmity between accused No. 1 and deceased Marutesh with regard to payment of bill for having consumed the liquor in the bar. Thereafter also there was a quarrel between petitioner and deceased and CW4 has pacified the said quarrel. After the said quarrel, deceased asked accused No. 1 to get him liquor. After purchase of the liquor, the accused Nos. 1, 2 and the deceased went to a spot for consuming liquor where again quarrel started between accused No. 1 and the deceased. Accused Nos. 1 and 2 assaulted the deceased with a broken beer bottle and caused his death. Entire case of the prosecution is based on circumstantial evidence. C.W.4 is stated to have last seen the petitioner and deceased together in the bar on 29.01.2025. Dead body has been found on 31.01.2025. There is recovery of bike at the - 5 - HC-KAR NC: 2025:KHC:41557 CRL.P No. 10848 of 2025 instance of accused Nos. 1 and 2 belonging to accused No. 2. As charge sheet is filed, petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, petitioners have made out case for grant of bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in crime No. 170/2025 of 21/2025 of Chikaballapura Rural Police Station subject to the following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:41557 CRL.P No. 10848 of 2025 Petitioner shall appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 28 Ct.sm