- 1 - HC-KAR NC: 2025:KHC:35999 CRL.P No. 10761 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10761 OF 2025 BETWEEN: SRI. VINAY KUMAR .R. S/O RAJU, AGED ABOUT 27 YEARS, R/A NO.348, 7TH CROSS, MARAMMA TEMPLE ROAD, RAJAGOPALNAGAR, BENGALURU - 560058 …PETITIONER (BY SRI. HARISH PRABHU .S., ADVOCATE) AND: STATE OF KARNATAKA BY RAJAGOPAL NAGAR P.S. REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGING THE PETITIONER ON BAIL IN CRIME NO.178/2025 REGISTERED BY RAJAGOPALANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 103 OF BNS PENDING BEFORE THE HONBLE 31ST ACMM NRUPATHUNGA ROAD AT BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35999 CRL.P No. 10761 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused in Cr.No.178/2025 of Rajagopal Nagar Police Station registered for the offences punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 (for shot 'the BNS') has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail. 2. Heard both sides and perused the material on record. 3. Initially, UDR No.32/2025 was registered on 19.05.2025 at Rajagopal Nagar Police Station, regarding the unnatural death of one Rangaswamy, based on the complaint of his wife Smt.Pramila. On 21.05.2025, she lodged a complaint alleging that on 18.05.2025 at about 01.20 a.m., petitioner has quarreled with her husband and committed his murder. - 3 - HC-KAR NC: 2025:KHC:35999 CRL.P No. 10761 of 2025 4. There are no eye witnesses to the incident. The case is based on circumstantial evidence. According to prosecution, the deceased was found lying near one Bhagyaraj Bar, on 18.05.2025 at about 03.00 a.m. On receiving the information from the police, the complainant and her son went to the spot and shifted him for treatment. However, he died in the hospital at 11.00 a.m., on 19.05.2025. 5. Even though, the complaint was lodged against the petitioner on 21.05.2025, the source of information to implicate him as an accused in the complaint, is not forthcoming. It is stated that on an enquiry with the neighbors, complainant came to know that there was a quarrel between her husband and the petitioner on 18.05.2025 at about 01.20 a.m. 6. The prosecution is relying on the statement of CW11 - Ranjeeth. It is contended by the learned High Court Government Pleader that after the incident, the petitioner has made an extra judicial confession before - 4 - HC-KAR NC: 2025:KHC:35999 CRL.P No. 10761 of 2025 CW11. Thereafter CW11 went to the spot along with the accused and saw the victim lying with injuries. He contended that blood stained clothes are recovered from the petitioner and therefore, there is a prima-facie case against him. 7. Petitioner is alleged to have made an extra judicial confession before CW11 on 18.05.2025. However, CW11 has not disclosed the matter to anyone including the complainant. In the complaint, name of CW11 is not mentioned, as the one who informed the complainant about the petitioner quarreling and assaulting the deceased. 8. The veracity of the statement of CW11 has to be tested during the trial. According to prosecution, deceased was addicted to alcohol and on the date of the incident, he was sitting in an auto-rickshaw, out side one Bhagyaraj Bar. When he saw the petitioner, he started abusing him and picked up quarrel. In the said incident, petitioner is alleged to have assaulted the deceased. As - 5 - HC-KAR NC: 2025:KHC:35999 CRL.P No. 10761 of 2025 per the Postmortem report, cause of death is due to head injury sustained. 9. Petitioner was arrested on 21.05.2025. The investigation is completed and charge sheet is filed. Petitioner has no criminal antecedents. In the facts and circumstances, by imposing suitable conditions, petitioner can be enlarged on bail. Hence, the following: ORDER Petition is allowed. Petitioner / sole accused in Cr.No.178/2025 registered by Rajagopalanagar police station, Bangalore pending before the learned 31st Additional CMM Court, Nrupatunga road, Bengaluru city, shall be released on bail subject to following conditions: a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:35999 CRL.P No. 10761 of 2025 b) He shall not indulge himself in committing any offence. c) He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. If any of the conditions are violated, the prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BH CT:VS List No.: 1 Sl No.: 23