- 1 - HC-KAR NC: 2025:KHC:51927 CRL.P No. 13005 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13005 OF 2025 BETWEEN: S SHIVARAJU S/O SUBRAMANI AGED ABOUT 25 YEARS R/AT BAREDODDI CHATRA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT RAMANAGARA- 562 109 …PETITIONER (BY SRI. G RAKESH RAJ., ADVOCATE) AND: STATE BY KARNATAKA THROUGH KAGALIPURA PS REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA COMPLEX BENGALURU- 560001. …RESPONDENT (BY SMT. B.PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN S.C NO.127/2025 OF CR.NO.409/2024 REGISTERED P/U/S 103,109,115(2),118(1),190,351(2),351(3),352 OF BNS ACT, REGISTERED BY RESPONDENT KAGGALIPURA POLICE, PENDING BEFORE IN THE COURT OF THE VI ADDL.DIST. AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51927 CRL.P No. 13005 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 1. This petition is filed by accused No.1 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (for short hereinafter referred to as 'BNSS') praying to grant bail in S.C.No.127/2025 (Crime No.409/2024) of Kaggalipura Police Station registered for the offences punishable under Sections 103, 109, 115(2), 118(1), 190, 351(2), 351(3) and 352 of BNSS, pending on the file of the VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for the respondent - State. 3. Learned counsel for petitioner would contend that in the wound certificate of CW2 - Sri.Ambarish, there is a mention in Column History - assault by three unknown - 3 - HC-KAR NC: 2025:KHC:51927 CRL.P No. 13005 of 2025 people. The petitioner being son of accused No.3 has been falsely implicated in the case. At the first instance, name of the petitioner had not been stated by any of the witnesses. The complaint has been filed by wife of the deceased and she is not an eye witness to the incident. Now, the charge sheet has been filed and therefore, the petitioner is not required for the custodial interrogation. The petitioner is in judicial custody since 06.02.2025. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for the respondent - State would contend that this petitioner has assaulted the deceased with rod on his head. CW2 is the injured and CW5 and CW6 are the eye witnesses to the incident and they have stated the overt act of this petitioner assaulting the deceased with an iron rod. CW2 - injured has sustained one grievous injury and other simple injuries. The post-mortem report of the deceased would indicate that cause of death is due to head - 4 - HC-KAR NC: 2025:KHC:51927 CRL.P No. 13005 of 2025 injury sustained. There is recovery of rod at the instance of the petitioner and it is found to be blood stained as per the Forensic Science Laboratory report. The offences alleged against the petitioner are heinous offences punishable with either death or imprisonment for life. If the petitioner is granted bail, there is threat to the injured, eye witnesses and the other prosecution witnesses. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per the case of the prosecution, accused No.3 had lent ₹10,000/- to CW2 - Sri.Ambarish. CW2 - Sri.Ambarish was working under the deceased - Sri.Krishna. Accused No.3 quarrelled with CW2 - Sri.Ambarish and the deceased - Sri.Krishna with regard to sending CW2 - Sri.Amrbarish for work as he had taken money from accused No.3. In that regard in the quarrel, accused No.1, child in conflict - 5 - HC-KAR NC: 2025:KHC:51927 CRL.P No. 13005 of 2025 with law and accused No.3 with an intent to kill the deceased, accused No.3 assaulted CW2 - Sri.Ambarish with hands, accused No.1 assaulted the deceased - Sri.Krishna on his head with iron rod and the child in conflict with law namely Ramu assaulted CW2 with stone on his head and caused injury. Sri.Krishna, who sustained injury, died in the hospital on 20.12.2024. 7. Wife of the deceased had filed a complaint wherein, the name of this petitioner has been shown as one of the accused in the F.I.R. CW2 in his statement has stated the overt act of this petitioner assaulting the deceased with iron rod. CW5 and CW6 are the eye witnesses to the incident and they have also stated the acts of this petitioner assaulting the deceased with iron rod on his head. The post-mortem report indicate that the death of the deceased is due to head injury sustained by him. The charge sheet material show prima facie case against the petitioner for offences alleged against him. The offences alleged against the petitioner are punishable either with - 6 - HC-KAR NC: 2025:KHC:51927 CRL.P No. 13005 of 2025 death or imprisonment for life. If the petitioner is granted bail, there is threat to CW2 - injured, CW5 and CW6 - eye witnesses and other prosecution witnesses. 8. Considering the above aspects, the petitioner has not made out any ground for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE GH List No.: 2 Sl No.: 31