- 1 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10750 OF 2025 BETWEEN: GANESH SINGH @ GANI S/O LATE BALAJI SINGH, AGED ABOUT 22 YEARS, R/AT: RAJANNA BUILDING, ATTURU ROAD, OPPOSITE TO PRAKRUTHI LAYOUT, NEAR S.C.C. APARTMENT, ANANTHAPURA, YELAHANKA NEW TOWN, BENGALURU-64. &PETITIONER (BY MISS. SWATHI R. BHAT, ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE) AND: STATE OF KARNATAKA BY YELAHANKA NEW TOWN P.S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. &RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING THAT THE ABOVE NAMED PETITIONER WHO IS ARRAYED AS ACCUSED NO.1 MAY KINDLY BE RELEASED ON BAIL IN CRIME NO.64/2025 (SC.NO.797/2025) PENDING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 BEFORE LVI ADDL. CITY CIVIL AND SESSIONS COURT AT BENGALURU CCH-57, BANGALORE PERTAINING TO THE YELAHANKA NEW TOWN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 118(1) R/W 3(5) OF BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. This petition is preferred under Section 483 of BNSS, 2023 by accused No.1 in Crime No.64/2025 of Yelahanka New Town Police Station, Bengaluru City, registered for the offence punishable under Section 103, 3(5) of BNS, 2023, to enlarge him on bail. 3. Complaint is lodged by Smt. Padma W/o Venkatesh, mother of deceased Subramanya, on the basis of which, the aforementioned FIR is registered against accused Nos.1 and 2. It is stated that, the complainant - 3 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 was informed by someone that her son Subramanya has been stabbed. It is alleged that on 23.02.2025 at 7.00- 7.30 p.m., her son Subramanya and accused Nos.1 and 2 had a quarrel near a petty shop situated by the side of Rajanna building. In this background, at about 9.00 3 9.30 p.m., both the accused have stabbed him on his abdomen, neck etc., and committed his murder. 4. The incident took place on 23.02.2025 at about 9.00 3 9.30 p.m. The victim, while undergoing treatment, died in the hospital on 24.02.2025 at about 2.30 a.m. 5. Chargesheet is filed against accused Nos.1 and 2 for the offence punishable under Section 103(1), 118(1) r/w 3(5) of BNS, 2023. It is the case of prosecution that, on 23.02.2025 at about 7.00 p.m., deceased Subramanya @ Subramani and his friend CW.15 went near the shop of CW.10 and quarrelled with accused No.1 i.e., petitioner herein. Thereafter, at about 9.30 p.m., they along with CW.16 to CW.18 went near the house of accused Nos.1 and 2 and picked up quarrel with them. A fight took place, - 4 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 during which accused No.1 snatched the knife which the deceased was holding and stabbed on his abdomen, neck, chest etc., due to which he sustained severe injuries. Accused No.2 is alleged to have snatched a hockey stick which was with CW.15 and assaulted on victim9s shoulder etc. 6. It is contended by the learned counsel for petitioner that even accepting the case of prosecution in its entirety, it was the deceased himself who went to the house of petitioner along with CW.15 armed with knives and hockey stick. They picked up quarrel with both the accused and tried to assault them. Hence, to protect themselves, accused might have exercised their right of self defence. She contended that a counter case is registered against the deceased and others on a complaint lodged by the maternal aunt of the petitioner and this Court has granted bail to accused No.2 considering the facts and circumstances of the case. She submits that the petitioner has no bad antecedents and he is ready and - 5 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 willing to abide by any conditions. Accordingly, sought to allow the petition and enlarge the petitioner on bail. 7. Learned counsel has furnished a copy of the FIR registered in Crime No.65/2025 of Yelahanka New Town Police Station. The said case is registered against the deceased, CW.15 and others for the offence punishable under Section 109, 3(5), 351(3), 352 of BNS, 2023. 8. Learned Additional SPP contented that, as per Post Mortem Report the victim has sustained incised wounds on the vital parts of the body, which indicate that the petitioner has inflicted those injuries with an intention to commit murder. Further contended that there are several eye witnesses to the incident and if the petitioner is enlarged on bail, he may tamper with those witnesses. She further contended that the ingredients of the offence under Section 103 of BNS, 2023 are attracted and at this stage, it cannot be said that the petitioner has exercised his right of self defence. - 6 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 9. A perusal of the chargesheet material clearly indicates that it was the deceased and CW.15 who went to the place where accused No.1 was standing and picked up quarrel with him on 23.02.2025 at about 7.00 p.m., and once again both of them went to his house armed with knives and a hockey stick and tried to assault him. 10. It is alleged, the petitioner has snatched the knife from the deceased and stabbed him, while accused No.2 snatched the hockey stick which CW.15 was holding and assaulted him. It is no doubt true that, the victim has sustained 5 injuries and the cause of death is due to hemorrhage and shock as a result of multiple stab injuries sustained. However, petitioner was not armed during incident, but the deceased was armed. Further, deceased and CW.15 themselves went to the house of the accused and initiated fight with them. Hence, there is some force in the arguments advanced by the learned counsel for petitioner. - 7 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 11. It is submitted that petitioner has no criminal antecedents. Investigation is completed and chargesheet is filed. 12. Considering the above facts and circumstances of the case and also considering that accused No.2 has been enlarged on bail, petitioner can be admitted to bail by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused in S.C.No.797/2025 on the file of the Court of LVI Additional City Civil and Sessions Court at Bengaluru (CCH-57) in Crime No.64/2025 of Yelahanka New Town Police Station, Bengaluru City shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 8 - HC-KAR NC: 2025:KHC:35420 CRL.P No. 10750 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 69