- 1 - HC-KAR NC: 2025:KHC:29545 CRL.P No. 9544 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9544 OF 2025 BETWEEN: BALASUNDARA H.K S/O KUNTAIAH H AGED ABOUT 56 YEARS RESIDING AT HOLALU VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA DISTRICT PIN CODE - 571 425. …PETITIONER (BY SRI C.N. RAJU, ADV.) AND: STATE BY MANDYA RURAL POLICE MANDYA, REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE, PIN CODE NO - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.108/2025 OF MANDYA RURAL POLICE MANDYA ON THE FILE OF J.M.F.C COURT MANDYA FOR THE OFFENCE P/U/S 352, 115(2), 118(1), 126(2), 109, 103(1) DR/W 3(5) OF BNS 2023 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29545 CRL.P No. 9544 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioner on bail in Crime No.108/2025 of Mandya Rural Police Station registered for the offence punishable under Sections 126(2), 352, 109, 118(2), 115(2), 103(1) R/w 3(5) of BNS, 2023. 2. FIR is registered against accused Nos.1 to 4 on the complaint of deceased Jeevankumar H K. The petitioner herein is arraigned as accused No.3 in FIR. 3. It is the case of the prosecution that, on 22.03.2025 at about 6:00 PM, at Survey No.11 of Holalu village, the deceased, along with C.Ws.2, 3, 7, 8, Accused No.1 and J2 and J4 (Children-in-Conflict with Law) were engaged in kabaddi practice. The accused picked up a quarrel with the deceased, abused him in filthy language, and assaulted him with their hands. Later, on the same day at around 7:45 PM, while the deceased, along with - 3 - HC-KAR NC: 2025:KHC:29545 CRL.P No. 9544 of 2025 C.Ws.2 and 3, was proceeding in front of the house of the petitioner herein, the accused obstructed them and abused them in vulgar language. Accused No.3/petitioner held the deceased, while Accused No.1 stabbed him on the left side of abdomen with a knife. When C.W.2 intervened, Accused No.3 restrained him, and J2 (Child-in-Conflict with Law) snatched the knife from Accused No.1 and stabbed C.W.2 on his back. Further, Accused No.3 and J4 (Child-in- Conflict with Law) assaulted C.W.2 with a wicket stick and trampled the injured deceased. Thereafter, C.W.5 took the deceased and C.W.2 to Mandya Government Hospital (MIMS), and subsequently shifted to DRM Hospital, Mysuru, for further treatment. Despite treatment, the deceased succumbed to his injuries on 27.03.2025 at 10.25 AM. 4. Charge sheet is filed for the offence punishable under Sections 126(2), 352, 109, 118(2), 115(2), 103(1) R/w 3(5) of BNS, 2023. - 4 - HC-KAR NC: 2025:KHC:29545 CRL.P No. 9544 of 2025 5. From the charge sheet material it can be gathered that on 22.03.2025 at about 6.00 p.m. there was a quarrel between the accused and deceased while playing Kabbaddi. On the same day, at about 7.45 p.m., when the deceased was proceeding in front of the house of petitioner, all the accused once again picked up a quarrel. He was stabbed with a knife. Accused have also assaulted CW.2 - Hemanth Kumar H,K, with a wicket stick etc. 7. Specific overt acts of stabbing the deceased with a knife is attributed against accused No.1. Petitioner is alleged to have held CW.2 and assaulted him with a wicket stick. 8. From the material on record it is seen that petitioner has not inflicted any injury to the deceased. He is the father of J2 and J4. He was arrested on 25.03.2025 and in judicial custody since then. He has no criminal antecedents. He has undertaken to furnish sufficient surety to ensure his regular presence before the Trial - 5 - HC-KAR NC: 2025:KHC:29545 CRL.P No. 9544 of 2025 Court. Investigation is completed and charge sheet is filed. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.2 in Crime No.108/2025 of Mandya Rural Police Station, Mandya District shall be released on bail subject to following conditions: a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:29545 CRL.P No. 9544 of 2025 e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS