- 1 - HC-KAR NC: 2025:KHC:53146 CRL.P No. 11909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11909 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SRI JANARDHAN S/O MUNIYAPPA, AGED ABOUT 34 YEARS, 2. JAGANATHAN M. S/O MUNIYAPPA, AGED ABOUT 34 YEARS, BOTH ARE R/AT: NO.56, 1ST MAIN ROAD, SWATANTRA NAGAR, SRIRAMPURAM, BANGALORE NORTH, KARNATAKA -560 021. …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SRIRAMPURA POLICE STATION, BENGALURU. REPT. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS BAIL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53146 CRL.P No. 11909 of 2025 PETITION, ENLARGING THE PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME NO.18/2025 REGISTERED BY SRIRAMPURA POLICE STATION, NOW PENDING ON THE FILE OF XXXII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU IN C.C.NO.13089/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 109, 352 READ WITH SECTION 3(5) OF BNS, 2023. 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 accused Nos.1 and 2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Crime No.18/2025 of Srirampura Police Station, registered for offences punishable under Sections 103(1), 109, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in C.C.No.13089/2025 on the file of XXXII Additional Chief Judicial Magistrate, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:53146 CRL.P No. 11909 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, after the incident, the deceased has taken to three different hospitals as there was no ICU facility and the deceased died in the third hospital. The postmortem report indicates that, the injury to the neck which is alleged to be done by accused No.2. The deceased was pestering accused No.1 to give him alcohol and he was abusing the family members of accused persons especially woman. The petitioners are vegetable vendor and auto driver. As only one assault is alleged against petitioner No.2/accused No.2, he is entitled for grant of bail. As the charge sheet is filed, the petitioners are not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, C.W.16 is - 4 - HC-KAR NC: 2025:KHC:53146 CRL.P No. 11909 of 2025 eyewitness to the incident, he has seen the petitioners assaulting the deceased with deadly weapon. The postmortem report indicates that, the deceased has sustained fifteen (15) injuries. The charge sheet materials show that, there is a prima-facie case against the petitioners for offences alleged against them. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that, the deceased was pestering accused No.1 for getting him alcohol and abusing his family members and women of the family in filthy language. Due to the said aspect, accused Nos.1 and 2 stated to have bought the weapons and on the date of incident, they assaulted the deceased with the weapon and caused injuries and the deceased died in the hospital. The overtact alleged against accused No.2 is - 5 - HC-KAR NC: 2025:KHC:53146 CRL.P No. 11909 of 2025 assault with long chopper on the back of the neck of the deceased. The overtact alleged against accused No.1 is that, he assaulted with a button knife on left side of chest, stomach, shoulder, ear and fingers and caused bleeding injuries. C.W.16 is eyewitness to the incident and he has stated the overtacts of the petitioners assaulting the deceased with a deadly weapons. The postmortem report indicates that, the deceased has sustained fifteen (15) injuries and cause of death is due to shock and hemorrhage as a result of multiple chop and stab wounds sustained. Merely because petitioner No.2/accused No.2 has caused only one injury i.e., back of the neck. It cannot be said at this stage that, he is not responsible for the death of the deceased. The said overtact of petitioner No.2/accused No.2 has caused chop wound measuring 12 cms. X 4 cms. X neck structures deep itself indicate the intention of petitioner No.2/accused No.2 to kill the deceased. The charge sheet materials show that, there is a prima-facie case against the petitioners for offences - 6 - HC-KAR NC: 2025:KHC:53146 CRL.P No. 11909 of 2025 alleged against them. The offence alleged against the petitioners is punishable either with death or imprisonment for life. If the petitioners are granted bail, there are chances of they tampering the prosecution witnesses. 7. Considering all the above aspects, the petitioners have not made out a case for grant of bail. 8. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 8