- 1 - HC-KAR NC: 2025:KHC:40265 CRL.P No. 5180 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 5180 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MOHAN @ P MOHAN S/O SUBRAMANI AGED ABOUT 31YEARS R/AT PRESENT ANTHONISWAMY HOUSE ADORNO BHAVANA BESIDE SECRED HEART ROAD TC PALYA K R PURAM BANGALORE CITY. KARNATAKA. PERMANENT SETTERI VILLAGE KUMBAKUPPAM POST BANGARAPALYAM ANDHRA PRADESH. …PETITIONER (BY SRI RAGHAVENDRA REDDY B, ADVOCATE FOR SRI RANGANATH REDDY R, ADVOCATE) AND: 1. STATE BY THE STATION HOUSE OFFICER K R PURAM P S, BANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40265 CRL.P No. 5180 of 2025 (HIGH COURT OF KARNATAKA) PIN CODE-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B. ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ORDERED THE PETITIONER TO BE ENLARGED ON BAIL IN CR.No.900/2024 REGISTERED BY K.R.PURAM POLICE, REGISTERED IN XXXIX ADDL. CMM AT BANGALORE WHICH IS NOW PENDING AS C.C. No.51819/2025 FOR THE OFEFNCE PUNISHABLE UNDER SECTION 103 OF BNS ACT 2023 THE IV ADDL. C.C. AND SJ, MAYO HALL UNIT, BENGALURU (CCH-21) HAS REJECTED THE BAIL PETITION ON 25.03.2025 IN CRL.MISC.NO.25165/2025 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 This petition is filed by the petitioner –sole accused under Section 483 of BNSS seeking grant of bail in Crime No.900/2024 of K.R. Puram Police Station registered for offence punishable under Section 103 of BNS. 2. Heard learned counsel for petitioner and learned Additional Special Public Prosecutor for the respondent –State. - 3 - HC-KAR NC: 2025:KHC:40265 CRL.P No. 5180 of 2025 3. Learned counsel for the petitioner would contend that the deceased was insisting the petitioner - accused who was his son through first wife to transfer property standing in his name in the name of Lavanya - daughter of second wife and in that regard there were quarrels among them. The alleged incident has taken place in a spur of moment when the deceased provoked the petitioner –accused to transfer the property. Therefore there was no plan or premeditation on the part of the petitioner to commit the alleged offence. There is no recovery of the weapon used at the instance of the petitioner. The act of the petitioner does not fall under the offence under Section 103 of BNS. Both accused and deceased were intoxicated at the time of the incident. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. On these grounds, he prays to allow the petition and grant bail to the petitioner –accused. - 4 - HC-KAR NC: 2025:KHC:40265 CRL.P No. 5180 of 2025 4. Per Contra, learned Additional Special Public Prosecutor for the respondent -State would contend that hammer and knife used for committing the offence are seized from the spot and they are sent for chemical analysis to the FSL. There is a recovery of clothes of the petitioner -accused under mahazar at his instance and they were also sent for chemical analysis to FSL. The hammer, knife and three clothes of the petitioner -accused were found with blood stains and they are opined to be ‘O’ blood group. The offence alleged against the petitioner - accused is heinous offence punishable with death or imprisonment for life. If the petitioner -accused is granted bail, there are chances of threatening the complainant and other prosecution witnesses. With this, she prayed for dismissal of the petition. 5. Having heard counsels, this Court has perused charge sheet records and other materials placed on record. - 5 - HC-KAR NC: 2025:KHC:40265 CRL.P No. 5180 of 2025 6. Column 17 of the charge sheet indicates that petitioner -accused is a son of deceased –Subramani through his first wife. The deceased had also second wife (C.W.4). The deceased has a daughter by name Lavanya through his second wife. The deceased was insisting the petitioner -accused to transfer his house property in the name of said Lavanya and the petitioner -accused was refusing for the same. In that regard there were quarrels among the deceased and accused. That on 29.10.2024 at about 08.00 p.m. when deceased was sleeping in the house after a quarrel between the accused and deceased with regard to transfer of property of the petitioner- accused in the name of Lavanya, at that time petitioner - accused has slit the neck of the deceased with knife and also assaulted with hammer on his head several times and caused his death. There are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidences. It is not in dispute that the deceased, petitioner –accused and grandmother were - 6 - HC-KAR NC: 2025:KHC:40265 CRL.P No. 5180 of 2025 residing together in the house in which the incident has taken place. There is no explanation of the petitioner - accused regarding the cause of death of the deceased who is his father. There is a recovery of knife and hammer which were found on the spot under spot mahazar and they were also sent for chemical analysis to FSL. There is also recovery of three cloths of the petitioner –accused at his instance under mahazar and they were also sent for chemical analysis to FSL. FSL report indicates that hammer, knife and three clothes of the petitioner -accused were found blood stains and the blood group is ‘O’ group. The clothes of the deceased which were also subject to chemical examination are also found to be stained with ‘O’ group blood. Considering all these aspects, there is a prima facie case against the petitioner -accused for the offence alleged against him. If the petitioner is granted bail, there is a threat to the complainant and prosecution witnesses. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. - 7 - HC-KAR NC: 2025:KHC:40265 CRL.P No. 5180 of 2025 7. Hence the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 22