- 1 - HC-KAR NC: 2025:KHC:46672 CRL.P No. 11201 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11201 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. AMAL @ ARUN MOHAN M S S/O. MOHANAN K AGED ABOUT 33 YEARS RESIDING AT No.01, GOKULDAM 1ST MAIN ROAD, SUNNY LAYOUT, AKSHAYANAGAR VARANASI MAIN ROAD, K.R.PURAM, BANGALORE NORTH, BANGALORE – 560 036. …PETITIONER (BY SRI CHETHAN BABU D, ADVOCATE SRI. NATARAJ D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BY HENNUR POLICE STATION REP: BY STATE PUBLIC PROSECUTOR OFF/AT HIGH COURT COMPLEX BENGALURU – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL U/S 438 OF CR.P.C IN CR.No.244/2024 AND SC.No.157/2025 REGISTERED BY HENNUR P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 323, 324, 307, 504, 506, 149 OF IPC, PENDING BEFORE THE HONBLE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46672 CRL.P No. 11201 of 2025 COURT OF THE 4th ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, CCH-21, AT BENGALURU. 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.6 under Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.244/2024 of Hennur Police Station registered for offences punishable under Sections 506, 504, 143, 149, 323, 302 of IPC. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. FIR in Crime No.244/2024 was registered by Hennur Police Station, Bengaluru City, against unknown persons initially for the offences punishable under Sections 323, 324, 307, 504, 506, 149 IPC on the basis of the first information dated 20.05.2024 received from Mathew.J., S/o Joseph who is the injured in the present case. During - 3 - HC-KAR NC: 2025:KHC:46672 CRL.P No. 11201 of 2025 the course of investigation, petitioner herein was arrested and remanded to judicial custody. After completing the investigation, charge sheet has been filed against six persons for the offences punishable under Sections 143, 323, 324, 307, 504, 506, 149 IPC. Injured Udaykumar who was admitted in the hospital, subsequently died on 26.09.2024. Therefore, the offence punishable under Section 302 IPC was invoked against the accused and additional charge sheet was filed for the aforesaid offences. The anticipatory bail of this petitioner/accused No.6 before the Sessions Court in Crl.Misc.No.25470/2025 has been rejected vide order dated 15.07.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the allegations against accused Nos.2 to 6 are same. Accused No.2 to 5 have been granted bail by this Court. The petitioner is not having any criminal antecedents. Accordingly, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:46672 CRL.P No. 11201 of 2025 5. Per contra, learned HCGP submits that the petitioner is absconding and he was not made available himself for investigation. With these, she prayed to reject the petition. 6. A perusal of the material on record would go to show that the allegation of assaulting deceased Uday Kumar with a plastic pipe is against accused No. 1. The other accused persons have assaulted the deceased with their hands and legs. In paragraph number 9 of the order dated 17.03.2025 passed in Crl.P.No.2369/2025 while granting bail to accused No.5, it is observed as under: “ 9. Perusal of the material on record would go to show that, immediately after assault was made by the accused persons, they had used the mobile phone of CW1 and had informed CW.23, who is the father of CW.1 about the assault made by them and thereafter they had left the spot. The injured Uday Kumar who was admitted in the hospital has subsequently died in the hospital on 26.09.2024. The postmortem report of the deceased would reveal that the death is due to "Septicaemia as a result of - 5 - HC-KAR NC: 2025:KHC:46672 CRL.P No. 11201 of 2025 consolidation of lungs". Undisputedly, the petitioner has no criminal antecedents……” 7. Undisputedly, the petitioner herein is also not having any criminal antecedents. The petitioner is similarly placed to that of other accused who have been granted bail. Considering the said aspects, the petitioner is entitled to grant of anticipatory bail on the ground of parity. Accordingly, the following: ORDER The petition is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Crime No.244/2024 of Hennur Police Station, Bengaluru, subject to following conditions: (i) The petitioner shall execute a personal bond for the sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of jurisdictional Court. (ii) The petitioner shall appear before the jurisdictional Court within 15 days from this day. - 6 - HC-KAR NC: 2025:KHC:46672 CRL.P No. 11201 of 2025 (iii) The petitioner shall not directly or indirectly tamper the prosecution witnesses. (iv) The petitioner shall regularly attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. (v) The petitioner shall not involve in commission of any offence. If petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 3 Sl No.: 35 Ct.sm