- 1 - HC-KAR NC: 2025:KHC:53559 CRL.P No. 14662 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14662 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI MADESHA @ MAHADEVA S/O MAHADEVAPPA AGED ABOUT 41 YEARS R/O No. 5, RAJAPURAR VILLAGE HENNAGARA POST, JIGANI HOBLI ANEKAL TALUK, BENGALURU DISTRICT - 60 105. 2. SRI JEENATHA @ BHUVAN @ BURG S/O KRISHNA MURTHY AGED ABOUT 33 YEARS R/O HINNAKKI VILLAGE JIGANI HOBLI, ANEKAL TALUK BENGALURU DISTRICT- 560 105. …PETITIONERS (BY SRI JEEVAN K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JIGANI POLICE STATION ANEKAL-560 105. REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU- 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53559 CRL.P No. 14662 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC No.5055/2025 (CRIME No.11/2025 OF JIGANI POLICE STATION), ON THE FILE OF III ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, SIT AT ANEKAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 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 S.C.No.5055/2025 (Crime No.11/2025 of Jigani Police Station) pending on the file of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, registered for offences punishable under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2025:KHC:53559 CRL.P No. 14662 of 2025 3. Learned counsel for petitioners would contend that, there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. C.W.2 to 8 and C.W.17 have last seen the petitioners/accused Nos.1 and 2 and the deceased together at 10.00 p.m. and the dead body was found at 09.30 a.m. on the next day and it is seen by one Chowdappa. Except the recovery of club and hollow brick at the instance of the petitioners, there are no other circumstances. 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, the petitioners/accused Nos.1 and 2 were seen by C.W.2 to 8 and C.W.17 with the deceased at 10.00 p.m. The incident has taken place at 12.30 a.m. and the dead body was found on the next day at 09.30 a.m. There is a recovery of club and hollow brick and they are found to be blood - 4 - HC-KAR NC: 2025:KHC:53559 CRL.P No. 14662 of 2025 stained. The petitioner No.1 is involved in a case for offence under Section 498A in Crime No.168/2023. The offence alleged against the petitioner is punishable with death or imprisonment for life. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the deceased teased accused No.1 stating that, C.W.29 is enjoying his wife by keeping her and enraged by that, accused No.1 quarreled with the deceased and it was pacified by C.W.2 to 8 and C.W.17 and it was at 10.00 p.m. Thereafter, the deceased and accused Nos.1 and 2 again started consuming alcohol, the deceased again teased accused No.1 and therefore, accused Nos.1 and 2 enraged by that, assaulted the deceased with club and hallow brick and caused his death. There are no eyewitnesses to the incident and the case of - 5 - HC-KAR NC: 2025:KHC:53559 CRL.P No. 14662 of 2025 the prosecution is based on circumstantial evidence. The petitioners have been seen with the deceased at 10.00 p.m. by C.W.2 to 8 and C.W.17. The dead body was found at 9.30 a.m. on the next day i.e., 17.01.2025. There is a recovery of club and hallow brick on at the instance of the petitioners and they are found to be blood stained. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. The petitioner are in judicial custody. As the charge sheet is filed, the petitioners are not required for custodial interrogation. 7. Considering all the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioners are granted bail in S.C.No.5055/2025 (Crime No.11/2025 of Jigani Police Station) pending on the file of III Additional - 6 - HC-KAR NC: 2025:KHC:53559 CRL.P No. 14662 of 2025 District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, subject to following conditions: i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioners shall appear before the trial Court on all dates of hearing unless exempted by the Court and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 7 Ct.sm