- 1 - HC-KAR NC: 2025:KHC:31584 CRL.P No. 10264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10264 OF 2025 BETWEEN: SRI PAPEGOWDA @ CHATI PAPANNA SON OF MADEGOWDA AGED ABOUT 43 YEARS R/AT SIDDAPPANAKOPPALU VILLAGE K R NAGAR TALUK, MYSURU DISTIRCT PIN CODE - 571602 IN J C FROM 07-01-2025 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: STATE OF KARNATAKA BY K R NAGAR POLICE STATION MYSURU DISTRICT - 571602 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION-103(1), 238 OF BNS 2023, REGISTERED IN CRIME NO.09/2025 OF K.R.NAGAR POLICE STATION IN S.C.NO.5017/2025 PENDING ON THE FILE OF VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU, SITTING AT HUNSUR, BY ALLOWING THIS PETITION AND ETC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31584 CRL.P No. 10264 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 filed under Section 483 of BNSS, 2023 to enlarge the petitioner / sole accused on regular bail in Crime No.9/2025 of K.R.Nagar Police Station, Mysuru District registered for the offence punishable under Sections 103(1), 238 of the BNS 2023. 2. Heard both the sides and perused the material on record. 3. The complaint is lodged by one Karthik B.R, before respondent - Police on the basis of which aforesaid crime was registered against the petitioner. 4. It is the case of prosecution that deceased Chandrahasa used to sell fruits and vegetables and lend money to his friends as loan. About 2-3 years prior, he had lent a loan of Rs.1,00,000/- to the petitioner/accused. - 3 - HC-KAR NC: 2025:KHC:31584 CRL.P No. 10264 of 2025 The said amount was not returned by him. Whenever the deceased demanded to return the money, accused was abusing and assaulting the deceased. On 06.01.2025 at about 11.45 p.m., deceased and the accused were sitting and chatting in front of the house of one Kumar Appaji Gowda. Deceased demanded Rs.1,00,000/- lent to the accused and asked him to send his wife once. Being enraged, the accused picked a wooden re-piece patti and assaulted on his head and legs, due to which he collapsed and died at the spot. 5. In the complaint, it is alleged that on 06.01.2025 at about 9.30 p.m., the deceased left the house to recover the loan lent to the accused and on the next day at about 5.30 a.m., one Basavaraju of Siddanakoppale Village informed the complainant that the dead body was lying in Siddanakopplu village in front of Haralikatte with bleeding injuries. Immediately, the complainant and others went to the spot and saw the dead body with injuries on the head etc. Suspecting that the - 4 - HC-KAR NC: 2025:KHC:31584 CRL.P No. 10264 of 2025 accused might have committed the murder, complaint was lodged against him. 6. There are no eyewitness to the incident. The entire case is based on circumstantial evidence. The prosecution is relying on the motive, the financial transaction between the deceased and the accused, recovery of wooden re-piece patti at the instance of the accused and the opinion of the doctor. As per Postmortem report, the death is due to multiple injuries sustained. It is pointed out by the learned counsel for the petitioner that as per FSL report, no bloodstains were found on the weapon/wooden re-piece patti allegedly recovered from the accused. It is contended that as per Postmortem report, several injuries are noticed and if wooden re-piece patti was used to commit the offence, certainly it would have been stained with blood. 7. Learned HCGP contended that the doctor has opined that the injuries noticed could be caused by the wooden re-piece patti. He contended that the witnesses - 5 - HC-KAR NC: 2025:KHC:31584 CRL.P No. 10264 of 2025 have spoken about the financial transaction between the petitioner and the deceased and therefore, there is a prima facie case against the petitioner. 8. As already observed, there are no eyewitness to the incident. The entire case is based on circumstantial evidence. From the contents of the FIR, it appears that the petitioner was named as accused by the complainant as there was financial dispute between the deceased and the petitioner. The prosecution is mainly relying on the statement of CWs.1 and 2, according to whom the deceased left the house on 06.01.2025 at about 9.30 p.m. informing that he is going to meet the accused to collect the amount borrowed by him. The dead body was found on the next day at 5.30 a.m. by one Basavaraju (CW.9). At this stage, there is no material to show that after the deceased left the house, he met the accused. The weapon (re-piece patti) as per FSL report, was not stained with blood. The prosecution has to establish its case in trial. The petitioner is in judicial custody from 07.01.2025. The - 6 - HC-KAR NC: 2025:KHC:31584 CRL.P No. 10264 of 2025 investigation is completed and charge sheet is filed. Petitioner has no criminal antecedents. Hence, by imposing conditions, he can be released on bail. Accordingly, the following: ORDER Petition is allowed. Petitioner / accused in Crime No.9/2025 of K.R. Nagar Police Station, pending in S.C.No.5017/2025 on the file of VIII Additional District and Sessions Judge, Mysore sitting at Hunsur, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 7 - HC-KAR NC: 2025:KHC:31584 CRL.P No. 10264 of 2025 3. He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the trial Court on all dates of hearing without fail. Violation of above condition/s shall result in cancellation of bail. No opinion is expressed on the merits of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE SSB