- 1 - HC-KAR NC: 2025:KHC:51680 CRL.P No. 14944 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14944 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR B O VALMIKI NAYAKA S/O. G.OBALAPOTHIS AGED ABOUT 42 YEARS PRESENTLY R/AT BELLIBATLU VILLAGE SHAILAPURA POST, PAVAGADA TALUK TUMKUR-561 202, …PETITIONER (BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ARASIKERE POLICE STATION REP. BY SPP HIGH COURT OF KANRNATAKA-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION TO RELEASE THE PETITIONER ON BAIL IN CR.No.85/2025 REGISTERED BY THE ARASIKERE P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1),118(1),351(3),351(2),352 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51680 CRL.P No. 14944 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.85/2025 of Arasikere Police Station, Tumkur registered for offences punishable under Sections 103(1), 118(1), 351(3), 351(2), 352 of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for petitioner would contend that the alleged incident has taken place on 10.09.2025 and FIR came to be lodged on 12.09.2025 and there is a delay in filing the complaint. The alleged incident has taken place in sudden quarrel and there was no intention on the part of the petitioner to kill the deceased. The deceased was aged 60 years. The petitioner is in judicial custody since 25.09.2025 and therefore, he is not required - 3 - HC-KAR NC: 2025:KHC:51680 CRL.P No. 14944 of 2025 for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the post mortem report indicate that the deceased has sustained Contusion over the Right Malar Eminence measuring 3X2.5c.m. The cause of death is kept pending till receipt of the FSL report. There is eye witness to the incident. The investigation is in progress. With this she prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. As per complaint, the alleged incident has taken place on 10.09.2025 at about 05.30 p.m. The complaint has been filed on 12.09.2025 at about 08.00 p.m. The reason for the delay stated in the complaint is that they were making financial arrangement to take the injured to the hospital. The deceased was aged 60 years as on the - 4 - HC-KAR NC: 2025:KHC:51680 CRL.P No. 14944 of 2025 date of alleged incident. The allegation against this petitioner is that he assaulted with club near the left ear and there was bleeding from the ear. The said deceased died on the next day of the incident prior to taking him to the hospital. Whether the said injury caused by the petitioner is the cause for the death of the deceased is required to be ascertained only after final opinion of the doctor with regard to cause of death. The petitioner is in custody since 25.09.2025 and as major portion of investigation is over, he is not required for custodial interrogation. The petitioner is not having criminal antecedents. The alleged incident is stated to have taken place in sudden quarrel. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:51680 CRL.P No. 14944 of 2025 ii) The petitioner is granted bail in Crime No.85/2025 of Arasikere Police Station, Tumkur subject to following conditions. a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for likesum to the satisfaction of the jurisdictional Court. b) The petitioner -accused shall not threaten the prosecution witnesses either directly or indirectly. c) The petitioner -accused shall co-operate with the Investigating Officer in further investigation, if any. d) The petitioner -accused shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 20 Ct.sm