- 1 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8269 OF 2025 BETWEEN: SRI HARSHITH G.T., S/o TAMMAIAH, AGED ABOUT 25 YEARS, R/AT SHIVAHANGE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111 …PETITIONER (BY SRI VENKATESH C R, ADVOCATE) AND: STATE BY SHO BY DABASPETE POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU-560001 …RESPONDENT (BY SMT.WAHEEDA.M.M, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S 483 BNSS) CR.P.C PRAYING TO GRANT BAIL IN CRIME NO.5/2025 (IN C.C.NO.4218/2025) WHICH IS REGISTERED BY THE DABASPETE POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1),3(5) OF BNS 2023 BY IMPOSING ANY CONDITIONS BY ACCEPTING SURETY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 `CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Cr.No.5/2025 registered by Dobbespet Police Station, Bengaluru for offences punishable under 103 (1) r/w Section 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’), 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. First Information Report in Cr.No.5/2025 was registered by Dobbespet Police Station, Bengaluru, initially for offences punishable under Section 118 (1) r/w Section 3 (5) of BNS, 2023 against Vinod and two others, based on the first information dated 14.01.2025 received from Jaikumar, S/o Late Manikyam, who is the deceased in the present case. - 3 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 4. During the course of investigation, first informant Jaikumar, who was admitted in the hospital had subsequently died on 22.01.2025, thereafter offence punishable under Section 103(1) of BNS, 2023 was invoked in the present case. 5. Petitioner herein was arrested on 23.01.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected on 17.05.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner having no criminal antecedent is in custody from 23.01.2025. Accused persons had no motive or intention to commit the murder of deceased and prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 7. Per contra, learned High Court Government Pleader has opposed the petition. She submits that there are eyewitnesses to the incident in question and accordingly prays to dismiss the petition. 8. First information in the present case was registered based on the statement of Jaikumar, who is the deceased in the present case. Jaikumar, who was admitted in the hospital has stated that on 14.01.2025 at about 9.45 p.m., he had gone to a Bar and Restaurant to consume alcohol and when he was returning from the said Bar and Restaurant after consuming alcohol, three persons all of a sudden confronted him and started assaulting him. Thereafter they took him in a motor bike and assaulted him with a wooden club and as a result, he lost his consciousness. On the next day at about 6.45 a.m., Govindraju – C.W.12 and Balaraju – C.W.13 had shifted him to a hospital for treatment. Amongst the three persons who allegedly had assaulted Jaikumar, he had - 5 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 identified accused No.1 – Vinod and it is under these circumstances FIR was registered against Vinod and two other unknown persons. Jaikumar who was admitted in the hospital had subsequently died in the hospital on 22.01.2025 while undergoing treatment. 9. During the course of investigation, accused No.1 and 2 were arrested on 23.01.2025. After completion of investigation, charge sheet is filed against them. 10. According to the charge sheet allegations, accused No.2/petitioner had a transaction relating to some property with C.W.4 who is the brother-in-law of petitioner herein. C.W.4 Shivakumar was due to pay a sum of Rs.17,00,000/- to accused No.2 and accused No.2 had initiated a Cheque bounce case as against C.W.4 Shivakumar. 11. On 14.01.2025 accused No.2 and his friend accused No.1 had consumed alcohol in a Bar and - 6 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 Restaurant and accused No.2 had returned to his house at about 7.30 p.m. Jaikumar who came near the Bar and Restaurant, allegedly quarreled with accused No.1 Vinod who advised him to go home. Thereafter accused No.2 also came near the Bar and Restaurant at about 10.00 p.m., and even he also advised Jaikumar to go home. Since Jaikumar who had consumed alcohol was shouting at them, accused No.1 and 2 instead of going inside the Bar and Restaurant, went towards the industrial area at Gottigerepalya and were consuming alcohol there. At about 11.00 p.m., deceased who went to the spot where accused No.1 and 2 were consuming alcohol, once again started to quarrel with them and he allegedly informed accused No.2 that he will advise his brother-in-law C.W.4 not to pay the money to accused No.2. 12. It is further alleged in the charge sheet that thereafter accused No.1 and 2 assaulted Jaikumar with PVC pipe and wooden club which was lying nearby and injured Jaikumar, thereafter ran away from the spot. - 7 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 Subsequently, at about 7.00 a.m., on 15.01.2025 C.W.12 and 13 had shifted injured Jaikumar to the hospital. 13. From the aforesaid, it is apparent that Jaikumar was a stranger to accused No.1 and 2 and only after Jaikumar had quarreled with them after consuming alcohol, they had assaulted him. 14. As per the charge sheet allegations though accused No.1 and 2 had gone away and were consuming alcohol at a distance from the Bar and Restaurant, Jaikumar after consuming alcohol went to the said spot and once again quarreled with accused No.1 and 2 and subsequently accused No.1 and 2 assaulted him with a PVC pipe and wooden club which was lying near them. 15. Undisputedly, accused No.1 and 2 did not have any motive or intention as against Jaikumar. In the first information submitted by Jaikumar he has not stated about the presence of petitioner at the spot. As per the charge sheet, Jaikumar was acquainted to the petitioner - 8 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 and if that is so, Jaikumar should have mentioned the presence of accused No.2 at the spot of crime. 16. The alleged eyewitnesses have only seen the incident from a distance and the statement of the witnesses is recorded on 28.01.2025 and 29.01.2025 respectively which is after delay of about two weeks from the date of alleged incident. Petitioner who has no other criminal antecedents is in custody from 23.01.2025. Investigation of the case is completed. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 17. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.5/2025, registered by Dobbespet Police Station, - 9 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 Bengaluru for offences punishable under 103 (1) r/w Section 3 (5) of BNS, 2023 subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the like sum, to the satisfaction of the jurisdictional Court; b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) Petitioner shall not leave the jurisdiction of the Trial Court without permission - 10 - HC-KAR NC: 2025:KHC:26039 CRL.P No. 8269 of 2025 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE MR