- 1 - HC-KAR NC: 2025:KHC:52563 CRL.P No. 15328 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15328 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR.MAHESH KUMAR K S/O SRI KRISHNAPPA AGE ABOUT 30 YEARS R/A VADERAHALLI VILLAGE KENGERI HOBLI, BANGALORE SOUTH BANGALORE – 560 082. …PETITIONER (BY SRI. A JOHN BOSCO, ADVOCATE) AND: 1. STATE BY KARNATAKA BY SHO KAGGLIPUR POLICE STATION BANGALORE RURAL DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S. C. No.186/2025 FOR ALLEGED OFFENCE UNDER SECTION 103(1) R/W 35 OF BNS, REGISTERED BY RESPONDENT / KAGGLIPURA POLICE STATION BANGALORE IN Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52563 CRL.P No. 15328 of 2025 CR.No.125/2025 PENDING ON THE FILE OF VI ADDL. DIST AND SESSIONS JUDGE, AT BANGALORE RURAL DISTRICT. 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.186/2025 arising out of Crime No.125/2025 of Kaggalipura Police Station registered for offences punishable under Sections 103(1) read with Section 3(5) of BNS pending on the file of VI Additional District and Sessions Judge, Bangalore Rural District, Bengaluru. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that the accused No.3 who is similarly placed to that of this petitioner has been granted bail by this Court by order dated 17.11.2025 passed in - 3 - HC-KAR NC: 2025:KHC:52563 CRL.P No. 15328 of 2025 Crl.P.No.13315/2025. The case of the prosecution is based on circumstances. The charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. With these he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent -State would contend that serious overtact is alleged against this petitioner assaulting the deceased with wickets. The said wickets were recovered at the instance of accused Nos.1 to 3 and they are found with blood stains. The post mortem report indicates that the death of the deceased was due to head injury. With these she prayed for dismissal of the petition. 5. Having heard learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on the Court. 6. This Court while granting bail to accused No.3 has observed as under “6. The accusation against accused Nos.1 to 3 as per charge sheet is that, on 09.04.2025 at about 08.00 p.m. when the accused persons were - 4 - HC-KAR NC: 2025:KHC:52563 CRL.P No. 15328 of 2025 consuming alcohol in front of the house of deceased, at that time, the deceased told them not to drink alcohol in that place. At that time, accused Nos.1 to 3 have assaulted the deceased with wickets on his head, shoulder, back and due to which, he died on 10.04.2025 in the hospital. There are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. Except a joint recovery of three (3) pieces of cricket wickets from accused Nos.1 to 3, there are no other recoveries or circumstances against the petitioners. The said wickets recovered at the instance of accused persons are found to be blood stained as per FSL report. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 11.04.2025 and therefore, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner.” The petitioner -accused No.2 is similarly placed to that of accused No.3, who has been granted bail. Considering the above aspects, the petitioner is entitled for grant of bail with conditions. 7. In the result, the following - 5 - HC-KAR NC: 2025:KHC:52563 CRL.P No. 15328 of 2025 ORDER i) The petition is allowed. ii) The petitioner is granted bail in S.C.No.186/2025 arising out of Crime No.125/2025 of Kaggalipura Police Station registered for offences punishable under Sections 103(1) read with Section 3(5) of BNS pending on the file of VI Additional District and Sessions Judge, Bangalore Rural District, Bengaluru subject to following conditions. a) The petitioner –accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.2 shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:52563 CRL.P No. 15328 of 2025 c) The petitioner –accused No.2 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 19 Ct.sm