- 1 - HC-KAR NC: 2025:KHC:52956 CRL.P No. 10753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10753 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI GADAPPA S/O LATE HULAGAPPA AGED ABOUT 55 YEARS R/AT: JAGIRA NANDIHALLI VILLAGE ANAVASURU POST LINGSUGURU TALUK RAICHOOR DISTRICT – 584 122. …PETITIONER (BY SRI RAVICHANDRAGOUDA R PATIL AND SMT. POOJA K SAMBHAJICHE, ADVOCATE) AND: 1. STATE BY JIGANI POLICE THE STATION HOUSE OFFICER BANGALORE RURAL REPRESENTED BY STATE PUBLIC PROSECUTOR (HIGH COURT OF KARNATAKA) PIN CODE – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ORDER THE PETITIONER TO BE ENLARGED ON BAIL IN FRI IN CR.No,.14/2025 REGISTERED BY JIGANI POLICE BENGALURU REGISTERED IN III ADDL.CIVIL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52956 CRL.P No. 10753 of 2025 JUDGE AND J.M.F.C ANEKAL, BENGALURU RURAL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1),3(5) OF BNS. 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 No.1 under Section 483 of BNSS praying to grant bail in Crime No.14/2025 of Jigani Police Station registered for offences under Section 103(1) and 3(5) of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that in MLC intimation the cause of injury is mentioned as fall from bridge. The son of the deceased who is stated to be present on the spot at the time of incident has filed complaint on 31.01.2025 and there is delay of one day and in the said complaint it is stated that he had stated before the Doctor that deceased fell from third floor of the - 3 - HC-KAR NC: 2025:KHC:52956 CRL.P No. 10753 of 2025 building. In the galata between CW1, deceased and the petitioner, the petitioner has sustained fracture of his left hand as CW.1 and deceased pushed him. The alleged incident has taken place in a sudden quarrel and there was no intention or motive on the part of the petitioner to kill the deceased. The deceased is stated to have consumed alcohol and it is found in the FSL report. As the charge sheet is filed, the petitioner is not required for custodial interrogation. Except CW1, there are no eye witness to the incident. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition. 4. Per contra, learned Addl.SPP contends that metal pipe has been seized at the instance of petitioner and in FSL report, it is found to be blood stained. The P.M. report indicates that the deceased died due to injury to the head. The weapon has been examined by the Doctor and he opined that the injuries mentioned in the PM report may be caused due to said weapon. The charge sheet shows prima-facie case against the petitioner for the offences - 4 - HC-KAR NC: 2025:KHC:52956 CRL.P No. 10753 of 2025 alleged against him. With this 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. As per charge sheet, the case of the prosecution is that the minor son of the petitioner (CW.1) had drove the Tractor and for that the CW1 has quarreled with him. At that time the deceased came there and the deceased and CW1 pushed this petitioner and he fell down and sustained fracture to his right hand. At that time CW1 and the deceased started assaulting the minor son of the petitioner. At that time, accused Nos.2 and 3 on hearing the sound of accused No.1 came to the spot and they held the deceased and accused No.1, assaulted the deceased with iron pipe and deceased died when he was taking treatment at the hospital. - 5 - HC-KAR NC: 2025:KHC:52956 CRL.P No. 10753 of 2025 7. As per charge sheet, CW.1 who is the son of the deceased is the only eye witness to the incident. CW.1 who had taken the deceased to the hospital has given history which has been noted in the MLC where in it is stated that the deceased fell from the bridge. CW1 has filed complaint on the next date wherein he has stated before the doctor that deceased fell from the third floor so that the deceased could get the medical treatment. As CW.1 and the deceased pushed petitioner and he fell down and sustained fracture to his left hand and when CW1, deceased started assaulting his son, the petitioner has assaulted the deceased with iron pipe. The said incident has taken place in a sudden quarrel. It is stated that there was no intention of the petitioner to kill the deceased. CW.1 is the only eye witness to the incident and he is the son of the deceased. There are contradictions with regard to injuries sustained by the deceased, whether due to fall or by assault by the petitioner. As the charge sheet is filed, the petitioner is not required for custodial - 6 - HC-KAR NC: 2025:KHC:52956 CRL.P No. 10753 of 2025 interrogation. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Crime No.14/2025 of Jigani Police Station, subject to following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2025:KHC:52956 CRL.P No. 10753 of 2025 (iii) The petitioner shall attend the trial Court on all the dates of hearing, unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 5 Ct.sm