- 1 - HC-KAR NC: 2025:KHC:49195 CRL.P No. 13364 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. 13364 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SARVANA K @ SARAVANAN S/O LATE KANDASWAMY, AGE ABOUT 49 YEARS, R/AT NO.0003/A, GROUND FLOOR, INDRAPRASHTHA APARTMENT, CHURCH STREET, MURGESHPALYA, BENGALURU - 560 037 AND R/AT: NO.75, BELUR AMBEDKAR NAGAR, VARTUR HOBLI, BENGALURU - 560 037. …PETITIONER (BY SRI. NAGAMANI V., ADVOCATE) AND: STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49195 CRL.P No. 13364 of 2025 PETITIONER ON BAIL IN CRIME NO.514/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 103, 351(2), 352 READ WITH SECTION 3(5) OF BNS, 2023 OF MARATHAHALLI POLICE STATION, PENDING ON THE FILE OF XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU (CCH-29) IN S.C.NO.622/2025. 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 Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.514/2024 of Marathahalli Police Station, registered for offences punishable under Sections 55, 109, 103, 351(2), 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in S.C.No.622/2025 on the file of XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. - 3 - HC-KAR NC: 2025:KHC:49195 CRL.P No. 13364 of 2025 3. Learned counsel for petitioner would contend that, the quarrel between the petitioner and the deceased was with regard to the water pipeline. There was no intention on the part of the petitioner to kill the deceased. In the FIR, only three (3) persons were arrayed as accused. But the charge sheet has been filed against eight (8) accused persons which includes all family members of the petitioner. There are no criminal antecedents of the petitioner. The petitioner is in judicial custody since 01.10.2024. With these, she prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the serious overtact of assault with crowbar on the head of deceased is alleged against this petitioner. There is a recovery of a crowbar and shirt which is found to be blood stained. C.W.2, C.W.3 and C.W.18 are eye witnesses to the incident. The Doctor who conducted postmortem examination for the dead body of the deceased has opined that, cause of death is due to head injury. The offence - 4 - HC-KAR NC: 2025:KHC:49195 CRL.P No. 13364 of 2025 alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. If the petitioner is granted bail, there are chances of he threatening the prosecution witnesses and flee from justice. With these, she 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. As per the charge sheet, there was a quarrel between the petitioner and others with the deceased with regard to water pipeline. On 23.09.2024 at about 10.30 p.m., other accused instigated the petitioner/ accused No.1 to assault and finish deceased - Vasudevan and accused No.2 gave crowbar to accused No.1. With the said crowbar, accused No.1 assaulted on the head of the deceased and caused severe injury. The deceased was admitted to hospital and he succumbed to the injury on - 5 - HC-KAR NC: 2025:KHC:49195 CRL.P No. 13364 of 2025 26.09.2024. C.W.2, C.W.3 and C.W.18 are eye witnesses to the incident. There is a recovery of crowbar and cloth of the petitioner which are found to be blood stained. The postmortem report indicates that, the cause of death is due to head injury. Considering the above aspects, there is a prima-facie case against the petitioner for offences alleged against him. One of the offences alleged is punishable with death or imprisonment for life. If the petitioner is granted bail, there is a threat to the prosecution witnesses. 7. Considering all the above aspects, there are no grounds are made out for grant of bail to the petitioner. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 13