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2025 DAILYLAW 80625 (KAR)

LAKSHMAN R v. STATE OF KARNATAKA

CRL.P/14285/2025 · 2025-11-19

Shivashankar Amarannavar

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47569 CRL.P No. 14285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14285 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. LAKSHMAN R, S/O RAJU AGED ABOUT 45 YEARS, C/O PUTPATH, NEAR GOWRAMMA HOUSE, 8TH CROSS, C.C. LOAD SCHOOL, B.M. LAYOUT, VENKATESHAPURAM, K.G. HALLI, BENGALURU-560045 PERMANENT ADDRESS NO.102, KOTHANUR, NAGENAHALLI, BENGALURU-560077. …PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY KADUGONDANAHALLI P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47569 CRL.P No. 14285 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED ON BAIL IN CR.NO.185/2024 REGISTERED BY THE KADUGONDANAHALLI POLICE FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC ON THE FILE OF XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL UNIT AT BENGALURU IN S.C.NO.984/2024. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 439 of Cr.PC praying to grant bail in Crime No.185/2024 of Kadugondana Halli Police Station registered for the offences punishable under Section 302 of IPC pending in SC No.984/2024 on the file of the learned XIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bangalore. 2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State. 3. The learned counsel for petitioner would contend that, the marriage of petitioner with the deceased/sister of complainant was love marriage. It is - 3 - HC-KAR NC: 2025:KHC:47569 CRL.P No. 14285 of 2025 alleged that the petitioner was ill-treating his wife, and therefore, the deceased/Kiran Kumar went to his house, assaulted him and took his sister to his house, due to which, the petitioner alleged to have came and assaulted with knife on the back of Kiran Kumar when he was playing cards with CW2 to CW6. There is only one stab injury on the back of the deceased. The petitioner is in judicial custody since 09.04.2024, and the case is at the stage of framing charges. There is a delay in commencement of the trial. As there are thirty seven witnesses cited in the charge sheet, the conclusion of the trial will take considerable time. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, CW2 to CW6 are eyewitnesses to the incident. The petitioner has assaulted with a knife on the back of deceased when he was playing cards with CW2 to CW6. The post mortem report indicates that the death of the - 4 - HC-KAR NC: 2025:KHC:47569 CRL.P No. 14285 of 2025 deceased is due to haemorrhagic shock as a result of stab injury sustained to back of chest. There is a recovery of knife and blood-stained clothes. The FSL report indicates that the knife and clothes are blood-stained. The offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. Mere delay in commencement of trial is not a ground for grant of bail. With this, she prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the accusation against this petitioner is that, as the deceased took his sister by assaulting him to his house, he went and assaulted deceased with knife on his back when he was playing cards with CW2 to CW6, due to which, the deceased succumbed to the injury on the way to hospital. CW2 to CW6 are eyewitnesses to the incident, and they have - 5 - HC-KAR NC: 2025:KHC:47569 CRL.P No. 14285 of 2025 specifically stated the act of this petitioner assaulting with knife on the back of deceased. The post mortem report indicates that the death of the deceased is due to haemorrhagic shock as a result of stab injury sustained to back of chest. There is a recovery of knife at the instance of this petitioner and clothes of the petitioner. They are found to be blood stained in the FSL report. The offence alleged against the petitioner is punishable with death or imprisonment for life. Mere delay in commencing the trial is not a ground for grant of bail, as the offence is a heinous offence. 7. Considering the above aspects, the petitioner is not entitled for grant of bail. In the result, the following: ORDER The petition is dismissed. - 6 - HC-KAR NC: 2025:KHC:47569 CRL.P No. 14285 of 2025 The Trial Court is directed to record the evidence of CW1 to CW7 within a period of two months from the date of receipt of certified copy of this order. The petitioner is at liberty to make bail application after examining CW1 to CW7. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 4