- 1 - HC-KAR NC: 2025:KHC:50857 CRL.P No. 11149 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11149 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. RAGHAVENDRA V. K. ALIAS RAGHAVENDRA KEDILAYA AGED ABOUT 59 YEARS S/O. LATE KRISHNA KEDILAYA RESIDING AT VADAMBALE HOUSE KUMBDAJE GRAMA PANCHAYATH MAVVARU POST, KASARAGOD KERALA - 673 661. …PETITIONER (BY SRI ASHWIN JOYSTON, ADVOCATE SRI VIKRAM RAJ A, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH DHARMASTHALA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SRI VIKRAM RAJ A, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (U/S 483 OF BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN SC.No.170/2024 III ADDL. DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103 R/W SECTION 3(5) OF BNSS, 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50857 CRL.P No. 11149 of 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.2 under Section 483 of BNSS praying to grant bail in S.C.No.170/2024 (arising out of Cr.No.62/2024 of Dharmasthala Police Station) pending on the file of the III Additional District and Sessions Judge, D.K. Mangaluru, registered for the offence punishable under Section 103 read with Section 3(5) of BNS. 2. Heard the learned counsel for petitioner and learned Additional SPP for respondent / State. 3. Learned counsel for the petitioner would contend that there are no overt acts alleged against the petitioner assaulting the deceased. The overt act of assault is alleged against accused No.1 who assaulted with Machete and caused death of deceased. The petitioner only has accompanied accused No.1 to the house of deceased and he was holding the bag given by accused No.1 containing the - 3 - HC-KAR NC: 2025:KHC:50857 CRL.P No. 11149 of 2025 Machete. The cause of death as per P.M. report is due to multiple chop wounds over head and neck. The recovery of weapon is at the instance of accused No.1. As the charge sheet is filed, petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that this petitioner is having common intention with accused No.1. Both accused Nos.1 and 2 went to house of deceased carrying weapon. Accused No.1 assaulted the petitioner with weapon. The offence alleged against the petitioner is a heinous offence. With this she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other material placed on record. 6. As per the charge sheet, the case of the prosecution is that accused No.1 is grand son of deceased through his daughter (CW.6) and petitioner / accused No.2 is husband of CW.6 and father of accused No.1. The deceased had not - 4 - HC-KAR NC: 2025:KHC:50857 CRL.P No. 11149 of 2025 given share in his property to CW.6 and has given property only to CWs.1 and 2 who are his sons. Accused persons insisted the deceased to give share to CW.6 in his property and when deceased refused, they enraged by that went to the house of deceased carrying weapon in their bag and accused No.1 assaulted the deceased with Machete, caused injuries which resulted in death of deceased. There is no serious overt act alleged against this petitioner. The overt act of assault is against accused No.1 who assaulted deceased with Machete and caused death of deceased. The petitioner is in judicial custody since 24.08.2024 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspect, the petitioner has made out ground for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in S.C.No.170/2024 (Crime No.62/2024 of Dharmasthala Police - 5 - HC-KAR NC: 2025:KHC:50857 CRL.P No. 11149 of 2025 Station) pending on the file of III Additional District and Sessions Judge, D.K.District, Mangaluru, subject to following conditions: (i) The petitioner shall execute a personal bond for sum of Rs.1,00,000/- (Rupees one lakh) with one surety for the like- sum to the satisfaction of the trial Court. (ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 24 Ct.sm