Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48963 CRL.P No. 13273 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13273 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
BASAVARAJAPPA K V S/O LATE BASAVALINGAPPA AGED ABOUT 71 YEARS R/AT KELAGANAHALLI VILLAGE RAVANDURU HOBII, PERIYAPATNA TALUK MYSURU DISTRICT-571 107.
2. MAHADEVAMMA W/O BASAVARAJAPPA AGED ABOUT 54 YEARS R/AT KELAGANAHALLI VILLAGE RAVANDURU HOBLI, PERIYAPATNA TALUK MYSURU DISTRICT-571 107. …PETITIONERS
(BY SRI HEMANTH KUMAR K, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY BY BETTADAPURA POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001. …RESPONDENT
(BY SMT. B PUSHPALTHA, ADDL. SPP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48963 CRL.P No. 13273 of 2025
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN SC No.5020/25 (CRIME No.56/2025) REGISTERED BY THE BETTADAPURA POLICE STATION/RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) R/W 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 BNSS praying to grant of bail in SC No.5052/2025 (arising out of Crime No.56/2025 of Bettadapura Police Station) registered for offences punishable under Section 103(1) read with 3(5) of BNS pending on the file of VIII Additional District and Sessions Judge, Mysore, sitting at Hunsur. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that petitioner No.1/accused No.1 is a senior citizen aged about
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HC-KAR NC: 2025:KHC:48963 CRL.P No. 13273 of 2025
71 years and petitioner No.2/accused No.2 is a woman aged 54 years and both are husband and wife. There was a civil dispute between petitioners and the deceased. The PM report does not indicate any injury on the head. The cause of death is due to intracranial hemorrhage, which may happen due to burst of blood vessels. The deceased died after 3 days of the incident and deceased was aged about 65 years as on the date of death. As the charge sheet is filed, the petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioners. With these he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that P.M. report indicates three external injuries and there is an internal injury. The doctor who conducted PM examination on examining the weapon opined that the injuries mentioned in the PM report could be caused by the weapon similar to the one examined and are sufficient to cause death in an ordinary course of nature. The charge sheet show prima-
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HC-KAR NC: 2025:KHC:48963 CRL.P No. 13273 of 2025
facie case against the petitioners for the offence alleged against them. With these she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. There was a civil dispute between petitioners and the deceased and in that regard there was a quarrel between them on 22.03.2025 when accused persons damaged the stone pillars. The accused persons stated to have assaulted the deceased with a club on head. At that time, accused No.2 was holding the deceased. The incident has taken place on 22.03.2025 and deceased died on
25.03.2025.
The doctor who conducted PM examination has noted three external injuries on elbow, right upper arm and upper part of left leg. There is no external injury on the head of the deceased. The doctor has opined that death is due to intracranial hemorrhage. There is a civil dispute between petitioners and the deceased. The petitioner No.1 is aged 71 years and is a senior citizen. The petitioner No.2 is a woman
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HC-KAR NC: 2025:KHC:48963 CRL.P No. 13273 of 2025
aged 54 years. The petitioners are not having any criminal antecedents. As the charge sheet is filed, the petitioners are not required for custodial interrogation. Petitioners have undertaken to abide by any conditions to be imposed by this Court. Considering the above aspects, the petitioners have made out case for grant of bail with conditions. In the result, the following:
ORDER
The petition is allowed. The petitioners are granted bail in S.C.No.5020/2025 (Crime No.56/2025 of Bettadapura Police Station) pending on the file of VIII Additional District and Sessions Judge, Mysore sitting at Hunsur, subject to following conditions: (i) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh) each, with one surety for the like-sum to the satisfaction of the trial Court.
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HC-KAR NC: 2025:KHC:48963 CRL.P No. 13273 of 2025
(ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioners shall attend the Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 10