- 1 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11886 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI LOKESHA S/O JAYANNA, AGED ABOUT 44 YEARS, R/AT ALUR VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKUR DISTRICT - 572217. …PETITIONER (BY SRI. ASHOKA T.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HONNAVALLI POLICE STATION, TIPTUR TALUK, TUMKUR DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.10012/2025 ARISING OUT OF CR.NO.121/2024 OF RESPONDENT POLICE BY HONNAVALLI P.S., PENDING ON THE FILE OF 5th ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKUR, SIT AT TIPTUR, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) READ WITH SECTION 3(5) OF BNS. 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.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.121/2024 of Honnavalli Police Station registered for the offences punishable under Section 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in SC No. 10012/2025 on the file of the learned V Additional District and Sessions Judge, Tumkur, sitting at Tiptur. 2. Heard the learned Senior counsel for the petitioner and learned Additional State Public Prosecutor for the respondent/State. - 3 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 3. The learned Senior counsel for the petitioner would contend that, the alleged incident has taken place in a sudden quarrel, and it is not premeditated, and there was no pre-plan. The alleged assault is made by a weapon, which was there on the spot. The deceased himself has started quarrelling with the wife of the petitioner. The deceased was a married man, and he was insisting the petitioner and his wife to give their daughter/CW10 in marriage to him. Therefore, the petitioner and his wife were upset with the same. The petitioner himself after the incident along with the weapon went to police station and surrendered himself. The deceased was drunk at the time of incident, and the same can be seen in the statement of CW2. The petitioner has also sustained three injuries in the incident. There is a delay in recording the statement of CW3/eyewitness. The incident has taken place on 23.11.2024, and the statement of CW3 has been recorded on 03.12.2024. CW2 is not eyewitness to the alleged incident of assault by this - 4 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 petitioner on the deceased. CW2 has seen the earlier quarrel between the petitioner and the deceased on the same day. The petitioner is in judicial custody since last one year, and as charge sheet is filed, he is not required for custodial interrogation. The petitioner is having a wife and a daughter of marriage age, and he has to look after them. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, even though the quarrel has taken place under sudden provocation, and not premeditated, but second time the petitioner has assaulted the deceased with weapon on his head, and itself clearly shows the intention of the petitioner to kill the deceased. The post-mortem report indicates that, the deceased has sustained nineteen injuries, and cause of death is due to chop head injuries. The articles seized from the petitioner are blood stained as per FSL report. CW2 and CW3 are eyewitnesses to the incident. The charge sheet materials show the prima facie - 5 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 case against the petitioner for the offences alleged against him. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that, the petitioner and his wife/accused No.2-Kalavathi have a daughter/CW10-Tejaswini. The said CW10 came in contact with the deceased when she was in the shop of her father. The deceased was insisting accused Nos.1 and 2 to give their daughter/Tejaswini in marriage to him, they were refusing for the same. On the date of incident i.e. 23.11.2024, the deceased came to the shop of accused Nos.1 and 2, and asked them to give their daughter in marriage to him, and at that time, CW2 was with the deceased, and she came forward to talk, and accused Nos.1 and 2 told him not to come in between. Therefore at about 09.15 p.m, he went away, and - 6 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 thereafter, the deceased tried to enter the shop of accused Nos.1 and 2 and stopped him, and assaulted him, and due to which, her bangles were broken. Accused No.1 enraged by that, took machette kept in front of the shop and assaulted with it on the head of the deceased, and he fell on the road. Accused No.1 again assaulted with machete on his face, neck, left eye, left ear, and back of head. At that time, the deceased tried to get up, and was searching something to assault. At that time, again accused No.1 assaulted him with machete on his head, left hand, face, and he fell on the footpath, and died. The petitioner/accused No.1 took the said machete used by him in a plastic bag, and went to police station and surrendered. 7. As per charge sheet, CW3 is eyewitness to the incident. The date of incident is 23.11.2024, and the statement of CW3 has been recorded on 03.12.2024. The learned Senior counsel submitted that, the delay in - 7 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 recording the said statement of eyewitness creates doubt as to whether the said witness is an eyewitness or not. 8. The statement of CW2 itself indicates that, the deceased and CW2 were drunk at the time of the incident, and also that, the deceased was married and having wife and daughter by name Shreya aged four years. The accused Nos.1 and 2 being parents of CW10 were upset with the deceased, insisting them for giving their daughter in marriage to the deceased, who was already married, and having wife and daughter. The deceased himself came to the shop of accused persons, and at that time, he was drunk, and he tried to enter, and at that time, bangles of accused No.2 were broken. The petitioner being a parent upset with the proposal of deceased for marriage of the daughter of petitioner with him. In a sudden provocation took the machete kept in front of the shop, and assaulted the deceased with it, and caused his death. Considering the said aspect, at this stage, it cannot be - 8 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 said that it is pre-meditated. The said incident has taken place in a sudden provocation, and it is not pre-planned. 9. The petitioner is having wife and a marriageable aged daughter to look after. 10. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.121/2024 of Honnavalli Police Station registered for the offences punishable under Section 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in SC No. 10012/2025 on the file of the learned V Additional District and Sessions Judge, Tumkur, sitting at Tiptur subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety - 9 - HC-KAR NC: 2025:KHC:50750 CRL.P No. 11886 of 2025 for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates hearing, unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 7