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2025 DAILYLAW 57864 (KAR)

NAGARAJU D K @ NAGA v. STATE OF KARNATAKA

CRL.P/6200/2025 · 2025-10-13

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40267 CRL.P No. 6200 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. 6200 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NAGARAJU D K @ NAGA AGED ABOUT 31 YEARS S/O LATE KARIYAIAH #7, AMBEDKAR BEEDI DADADAHALLI VILALGE JAYAPURA HOBLI MYSURU TALUK, MYSURU DISTRICT KARNATAKA – 570 008. …PETITIONER (BY SRI ARJUN A HEBBAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MYSURU SOUTH POLICE STATION REP. BY SPP, HIGH COURT BUILDING BANGALORE - 01. 2. MAHESH AGED ABOUT 24 YEARS S/O MAHADEVASWAMY DADADAHALLI VILLAGE JAYAPURA HOBLI MYSURU TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40267 CRL.P No. 6200 of 2025 MYSURU DISTRICT KARNATAKA – 570 008. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI C N RAJU, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (U/S 483 OF BNSS) PRAYING TO GRANT BAIL TO PETITIONER/ACCUSED No.1 WHO IS IN JUDICIAL CUSTODY IN SC.No.222/2024 (ARISING OUT OF CRIME NO.182/2024 REGISTERED BY RESPONDENT NO.1 POLICE I.E., MYSURU SOUTH PS) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 182(2), 191(2), 191(3), 115(2), 118(1), 352, 126(2), 103(1) AND 190 OF BNS, 2023 PENDING ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND CJM COURT, MYSURU CITY 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 -accused No.1 under Section 483 of BNSS seeking grant of bail in Crime No.182/2024 of Mysuru South Police Station pending in S.C.No.222/2024 registered for offences punishable under Sections 182(2), 191(2), 191(3), 115(2), 118(1), 352, 126(2), 103(1) and 190 OF BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:40267 CRL.P No. 6200 of 2025 2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 –State. 3. Learned counsel for the petitioner would contend that one Mahadeva Swami and others have assaulted the petitioner –accused and the case came to be registered in Crime No.80/2023 in Mysore South Police Station. Thereafter, Vijayalakshmi wife of Mahadeva Swami committed suicide and for that also complaint has been filed against the petitioner –accused No.1 and others for abatement to commit suicide and it is registered in Crime No.80/2024 of Narasimharaja Police Station. He further submits that, in view of the said enmity, false complaint has been filed against the petitioner –accused No.1. Accused no. 2 and 3 have been granted bail. The petitioner –accused No.1 who has sustained injury in earlier incident is recovering from the injuries. He is the sole breadwinner of the family. With this he prays to allow the petition and grant bail to the petitioner –accused No.1. - 4 - HC-KAR NC: 2025:KHC:40267 CRL.P No. 6200 of 2025 4. Per contra learned High Court Government Pleader for respondent No.1 -State would contend that at the time of quarrel the petitioner –accused No.1 went to his house, brought knife and stabbed the deceased on his stomach. At that time, accused Nos.2 and 3 were holding the deceased. C.W.2 to C.W.4 are eye witnesses to the incident and their statements are recorded under Section 183 of BNSS. The post -mortem report indicates that death is due to complications in abdomen. Considering the entire charge sheet materials, there is a prima facie case against the petitioner –accused No.1 for the offence alleged against him. The offences alleged against the petitioner –accused No.1 are punishable with a death or imprisonment for life. If the petitioner is granted bail, there is a threat to the prosecution witnesses. With these, she prays for dismissal of the petition. 5. Learned counsel for respondent No.2 would contend that in the quarrel, the petitioner –accused No.1 went to his house, brought knife and stabbed the - 5 - HC-KAR NC: 2025:KHC:40267 CRL.P No. 6200 of 2025 deceased and caused his death. There are eye witnesses to the incident. If the petitioner is granted bail, there is a threat to prosecution witnesses. With this, he prayed for dismissal of the petition. 6. Having heard counsels, the Court has perused the FIR, complaint, charge sheet and other materials placed on record. 7. As per column 17 of the charge sheet, there was quarrel on 21.07.2024 between accused and the deceased and others. At that time, petitioner –accused No.1 went to his house, brought knife, and assaulted the deceased on his stomach and at that time accused Nos.2 and 3 were holding the deceased. C.W.2 to C.W.4 are eye witnesses to the incident and their statements are recorded under Section 183 of BNSS. Considering the charge sheet and statements, there is a prima facie case against the petitioner –accused No.1. One of the offence alleged against the petitioner –accused No.1 under Section - 6 - HC-KAR NC: 2025:KHC:40267 CRL.P No. 6200 of 2025 103(1) of BNS is punishable with death or imprisonment for life. If the petitioner –accused No.1 is granted bail there is a threat to the prosecution witnesses. Considering the above aspects the petitioner –accused No.1 has not made out any grounds for grant of bail. 8. In the result the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 23