- 1 - HC-KAR NC: 2025:KHC:43211 CRL.P No. 12998 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12998 OF 2025 [439(Cr.PC) / 483(BNSS)] BETWEEN: LOKESH S/O DESIGOWDA @ HUTCHAIAH, AGED ABOUT 39 YEARS, R/AT:MUTTANAHALLI VILLAGE, CA KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 417. …PETITIONER (BY SRI. VINAY BHAT, ADVOCATE) AND: STATE OF KARNATAKA BY K. M. DODDI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.66/2025 REGISTERED BY K.M.DODDI POLICE STATION, WHICH IS PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, MADDUR, MANDYA FOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43211 CRL.P No. 12998 of 2025 THE OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 103(1), 3(5) AND 54 OF BNS 2023 AND REGISTERED AS C.C.NO.857/2025. 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 Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.66/2025 of K.M.Doddi Police Station registered for offences punishable under Sections 61(2), 103(1), 3(5) and 54 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, in the statements of C.W.2 and C.W.3 recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita, - 3 - HC-KAR NC: 2025:KHC:43211 CRL.P No. 12998 of 2025 2023 there is no allegation of assault by the petitioner/accused No.2 on the deceased. C.W.2 and C.W.3 have been cited as eye witnesses in the charge sheet. In the MLC it is noted that the assault was by unknown persons. Accused No.3 who is similarly placed to that of the petitioner/accused No.2 has been granted bail by the Sessions Court. As the charge sheet is filed, the petitioner/accused No.2 is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the petitioner is involved in two other criminal cases of K.M. Doddi Police Station in Crime No.9/2012 and Maddur Police Station in Crime No.118/2012. The petitioner is having criminal antecedents. In the MLC intimation, there is a mention that, the deceased has been assaulted by four (04) members. The statement of C.W.2 has been recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita, 2023 and he has stated the presence of the - 4 - HC-KAR NC: 2025:KHC:43211 CRL.P No. 12998 of 2025 petitioner/accused No.2 on the spot at the time of incident and when the petitioner/accused No.2 questioned him, as he said he don't know, he has been assaulted on the cheek and ear. The statement of C.W.3 has been recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita, 2023 has also stated the presence of the petitioner/accused No.2 on the spot at the time of incident. When he went to rescue the deceased - Sumanth from the hands of accused No.1, the petitioner/accused No.2 assaulted the C.W.3 with bottle on his back. The charge sheet materials show that, there is a prima-facie case against the petitioner/accused No.2 for the offences alleged against him. The offence alleged against the petitioner/accused No.2 is punishable either with death or imprisonment for life. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses and committing similar offences. With these, she prayed for dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC:43211 CRL.P No. 12998 of 2025 5. Having heard the learned counsels appearing for the parties, the Court has perused charge sheet and other materials placed on record. 6. There was a dispute between accused No.1 and the deceased with regard to pledging of the car belonging to accused No.1. The petitioner along with accused Nos.2 and 3 went to the house of deceased to take back the car and at that time, when the deceased refused to give the car, accused No.1 and the petitioner/accused No.2 assaulted the deceased on his face and accused No.1 took brick fallen there and assaulted the deceased on his head with the said brick repeatedly and accused Nos.2 and 3 were instigating the accused No.1 to finish the deceased. In the statements of C.W.2 and C.W.3 recorded under Section 183 of Bharatiya Nyaya Sanhita, 2023 before the Police and also before the Judicial Magistrate they have specifically stated the presence of the petitioner/accused No.2 on the spot at the time of incident. C.W.2 has stated the petitioner/accused No.2 assaulted him on his cheek - 6 - HC-KAR NC: 2025:KHC:43211 CRL.P No. 12998 of 2025 and ear at the time of incident. C.W.3 has stated that, when he went to rescue the deceased from the hands of accused No.1, the petitioner/accused No.2 has assaulted him with bottle on his back. 7. Considering the said aspect, there is a prima- facie case against the petitioner for the offences alleged against him. The petitioner is having criminal antecedents. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses. One of the offence alleged against the petitioner is punishable either with death or imprisonment for life. 8. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 11