- 1 - HC-KAR NC: 2025:KHC:37910 CRL.P No. 7793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.7793 OF 2025 BETWEEN: RAMU @ KANDAN RAMU S/O LATE KANDAN AGED ABOUT 54 YEARS R/AT NO.56/1, SHANMUGA NAGAR DADAGAPATTI, SELAM TAMILNADU - 636 006. …PETITIONER (BY SRI. THEJAS N.S., ADVOCATE FOR SRI. SOMASHEKAR N., ADVOCATE) AND: THE STATE OF KARNATAKA BY BENGALURU CITY RAILWAY POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU -560 001 …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER ON BAIL IN C.C.NO.13573/2025, ARISING OUT IN CR.NO.10/2025 OF RESPONDENT BENGALURU CITY RAILWAY POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 238 OF BNS ACT, PENDING ON THE FILE OF 41ST ACJM, BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37910 CRL.P No. 7793 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023, to enlarge the petitioner on bail. 2. Petitioner is the sole accused in Crime No.10/2025 of Bengaluru City Railway Police Station, registered for an offence punishable under Section 103 of BNS, 2023. 3. Petitioner is accused of committing the murder of one Venkatesh by stabbing him with a knife near a car parking area, second entry gate, KSR Bangalore City Railway Station on 09.02.2025 at about 06.30 P.M. The victim succumbed to the injuries and died on 10.02.2025, while undergoing treatment in the hospital. 4. The learned counsel for petitioner has contended that though the incident took place on 09.02.2025, no complaint was lodged immediately, even though the - 3 - HC-KAR NC: 2025:KHC:37910 CRL.P No. 7793 of 2025 prosecution has alleged that there are eyewitnesses to the incident. He contended that even accepting the case of prosecution, the ingredients of the offence under Section 103 of BNS 2023 are not attracted, as it is the case of prosecution that the incident was on account of a sudden quarrel wherein, the deceased himself has picked up a quarrel with the accused, abused and assaulted him etc. He further contended that the knife which was allegedly used for the commission of offence was recovered from the place of incident and therefore, ingredients of Section 238 of BNS are also not attracted. He submitted that the petitioner is the sole bread winner of the family, he is in judicial custody from 13.02.2025 and therefore, by imposing any condition he may be enlarged on bail. 5. Learned HCGP has opposed the prayer for bail, contending that there are eyewitnesses to the incident. Further, the statements of CW4 and CW5 are recorded under Section 183 of BNSS 2023, wherein they have clearly stated that petitioner has stabbed the deceased - 4 - HC-KAR NC: 2025:KHC:37910 CRL.P No. 7793 of 2025 with a knife. He contended that as per PM report there are corresponding injuries, and therefore, there is a prima facie case against the petitioner. He further contended that a blood stained knife has been recovered at the instance of petitioner, petitioner hails from the State of Tamil Nadu and therefore, if he is released on bail, he will flee from justice. 6. It is the case of prosecution that the deceased was in the habit of abusing and quarrelling with the accused, under the influence of alcohol and on the date of incident, there was a quarrel ensued between the two and they assaulted each other. The accused allegedly took a knife and stabbed the deceased on his chest and inflicted bleeding injuries to him. 7. CWs 4 to 6 are the eyewitnesses to the incident. They have categorically stated that the petitioner has stabbed the deceased with a knife. As per PM report, death is due to shock and hemorrhage as a result of stab - 5 - HC-KAR NC: 2025:KHC:37910 CRL.P No. 7793 of 2025 injury sustained to the abdomen. The blood stained knife has been recovered at the instance of the petitioner. 8. The contention of learned counsel for the petitioner that there was no intention on the part of the accused to commit murder and the ingredients of Section 103 of the BNS, 2023 are not attracted etc, cannot be accepted at this stage. The injury caused to the deceased is on the vital part of the body. Further, the apprehension of the prosecution that there are chances of accused fleeing from justice also cannot be ruled out, as he hails from the State of Tamil Nadu and he has no permanent abode in Bangalore. Hence, this is not a fit case to enlarge the petitioner on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 22