- 1 - HC-KAR NC: 2025:KHC:47154 CRL.P No. 13315 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13315 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SRI. MOHAN KUMAR SON OF LATE NARAYANAPPA, AGED 32 YEARS, RESIDING AT VADERAHALLI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH DISTRICT, BENGALURU - 560 060. …PETITIONER (BY SRI. N. JAGADISH BALIGA, ADVOCATE) AND: THE STATE OF KARNATAKA BY KAGGALIPURA POLICE STATION, BENGALURU - 560 116, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGED THE PETITIONER ON REGULAR BAIL IN S.C.NO.186/2025 ARISING OUT OF CRIME Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47154 CRL.P No. 13315 of 2025 NO.125/2025 OF KAGGALIPURA POLICE STATION, ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) READ WITH SECTION 3(5) OF BNS, 2023. 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.3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 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 Bharatiya Nyaya Sanhita, 2023, pending on the file of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. - 3 - HC-KAR NC: 2025:KHC:47154 CRL.P No. 13315 of 2025 3. Learned counsel for petitioner would contend that, there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. There is no individual recovery at the instance of this petitioner. The charge sheet has been filed and therefore, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent 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 postmortem report indicates that, the death of the deceased was due to head injury. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:47154 CRL.P No. 13315 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 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 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 - 5 - HC-KAR NC: 2025:KHC:47154 CRL.P No. 13315 of 2025 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. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.186/2025 (arising out of Crime No.125/2025 of Kaggalipura Police Station) pending on the file of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, subject to following conditions: i) The petitioner 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. - 6 - HC-KAR NC: 2025:KHC:47154 CRL.P No. 13315 of 2025 ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner 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 KLV List No.: 1 Sl No.: 47 CT: BHK