- 1 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2347 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR ROSHAN HEGDE S/O VASANTH KUMAR HEGDE, AGE 37 YEARS, FLAT NO. 008, SAND PARADISE APARTMENT, VIJNANA NAGAR, BENGALUAU KARNATAKA – 560 075 PERMANENTLY RESIDING AT- “VASANTHA SHEELA” HUTHU MELMANE. CHERKADI POST, BRAMAVARA TALUKU, UDUPI DISTRICT – 576 215 …PETITIONER (BY SRI. C H JADJAV, SR.ADVOCATE AND ROSHAN H C., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY, THE STATION HOUSE OFFICER, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 HEBBAGODI P.S, BENGALURU REPRESENTED BY, THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE – 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT REGULAR BAIL TO THE PETITIONER IN CRIME NO.54/2026 DATED 25.01.2026 FOR THE OFFENCES P/U/S 103(1) OF BNS 2023 REGISTERED BY THE HEBBAGODI POLICE STATION PENDING BEFORE THE HONBLE IV CIVIL JUDGE AND JMFC ANEKAL, BENGALURU RURAL DISTRICT BY ACCEPTING SURETY OR IMPOSING ANY CONDITIONS THAT THIS HONBLE COURT MAY DEEM IT FIT. PASS APPROPRIATE ORDERS UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.1 in Crime No.54/2026 filed by the respondent – Police for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by Smt. Anu M., stating that her son Prashant M., aged about 33 years had been to play cricket. He came in the evening and was unhappy and he told the complainant that his team had been defeated. At about 07.30 p.m., Prashanth went out of the house. Around about 09.50 p.m., the complainant had received an information that her son had been killed and his dead body is kept in the hospital. Being Afraid of having received said news, she called one Antony who is the - 4 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 friend of her son and went to Raksha Hospital. On seeing the dead body of her son, she has noticed several injuries on the said dead body. Later, she learnt that the petitioner herein had quarreled with her son in the cricket field and thereafter, in the evening, he took his son in the car bearing its registration No.KA-03-NS-2404. He drove the said car in a rash and negligent manner with an intention to commit the murder of her son and he dashed to the tree. As a result of which, her son was standing on the footrest of the said car, sustained severe injuries on his head and also on the body. Later, he died in the spot. Based on the said complaint, the respondent – Police have registered a case and conducting investigation. 3. Heard Sri. C.H. Jadhav learned Senior Counsel appearing for Sri. H.C. Roshan, learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent. - 5 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 4. Learned counsel to the petitioner submits that the petitioner is innocent of the alleged offences. He has been falsely implicated in this case. The entire case is based on circumstantial evidence. None of the eyewitnesses have seen the incident. In fact, the petitioner is suffering from road accident and he has sustained injury to tongue, chest and abdominal region. As a result of which, his limb became weak. 5. It is further submitted that the petitioner has to undergo surgery. In case, if, the petitioner is not enlarged on bail, there is a threat to his life and liberty. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions in the event of his release on bail. Making some submissions learned counsel for the petitioner prays to allow the petition. 6. Per contra, Learned High Court Government Pleader for respondent - State vehemently submitted that the petitioner has committed heinous offence. He had an - 6 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 intention to commit murder of the deceased. Consequently, he drove the said car in a rash and negligent manner and caused accident and committed the murder of the deceased. Hence, it is not appropriate to grant bail to the petitioner. Makings such submission learned High Court Government Pleader for respondent - State prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the complaint that the son of the complainant had been to play cricket and came to the house after his team has been defeated. It is stated that he was unhappy about the said defeat. On 25.01.2026, the complainant had received a message stating that her son had been killed by the petitioner. 8. However, on going through the other materials available on record and also the medical certificate produced by the learned counsel for the petitioner, I am of - 7 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 the considered opinion that the petitioner may be enlarged on bail without adverting to the merits of the case. 9. Hence, I proceed to pass the following: ORDER (i) This Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.54/2026 filed by the respondent – Police for the offence punishable under Section 103(1) of BNS, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum of the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2026:KHC:14612 CRL.P No. 2347 of 2026 (iv) The petitioner shall appear before the Trial Court on all hearing dates, without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM