- 1 - HC-KAR NC: 2026:KHC:19223 CRL.P No. 3858 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3858 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ASHOK R S/O SALLA POORAPPA AGED ABOUT 26 YEARS, PRESENTLY RESIDING AT LABOUR SHED, BEHIND NARAYANA COLLEGE, BANDAPURA VILLAGE, HOSKOTE TALUK, BENGALURU-562114. PERMANENT RESIDING AT J.B KOTHNUR VILLAGE, V.KOTA, PALAMNUR TALUK, CHITOOR DISTRICT, CHITTOOR, ANDHRA PRADESH-517001. …PETITIONER (BY SRI. GIRISH R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ATTIBELE PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY Smt.ASNA KOUSER, ADDL. SPP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19223 CRL.P No. 3858 of 2026 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT ATTIBELE POLICE TO RELEASE THE PETITIONER/ACCUSED IN CR.NO.416/2025 IN C.C.NO.383/2026 PENDING ON THE FILE OF THE HONBLE III ADDITIONAL CIVIL JUDGE AND JMFC ANEKAL FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECDTION 103(1) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is the sole accused seeking regular bail in Crime No.416/2025 of respondent/police for the offence punishable under Sections 103(1) of Bharatiya Nyaya Sanhitha, 2023 pending in CC No.383/2026 on the file of the learned III Additional Civil Judge and JMFC, Anekal. 2. The case of the prosecution is that the petitioner and the deceased were working under the complainant. It is alleged that the deceased had lent a sum of Rs.1,000/- to the petitioner. However, the petitioner has failed to repay the said amount. On account of the same, the deceased is stated to have picked up - 3 - HC-KAR NC: 2026:KHC:19223 CRL.P No. 3858 of 2026 quarrel with the petitioner on every day during night hours after consuming alcohol. It is further alleged that the deceased used to abuse the petitioner and his wife in filthy language. The petitioner was unhappy and became frustrated for the language being used by the deceased. On 14.12.2025, it is alleged that the petitioner committed the murder of the deceased. In this regard, a complaint came to be lodged by one Navin V., who is working as a contractor. 3. Based on the said complaint, the respondent/police have registered the case, conducted investigation and submitted the charge sheet. 4. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offence. It is submitted that the incident had occurred in a spur of the moment due to sudden provocation. The deceased had consumed alcohol and abused the - 4 - HC-KAR NC: 2026:KHC:19223 CRL.P No. 3858 of 2026 petitioner’s wife in filthy language, which enraged the petitioner. 5. It is further submitted that, the petitioner assaulted the deceased with a brick on his head. Even the post-mortem report would indicate that the deceased had sustained only one injury. 6. It is also further submitted that the petitioner is aged about 26 years and he is a sole earning member of his family. The petitioner is working as a coolie and is a permanent resident of Bandapura Village, Hosakote Taluk and he will abide by the conditions that may be imposed by this Court in the event of his release. Making such submission, he prays to allow the petition. 7. Per contra, the learned Additional State Public Prosecutor appearing for the respondent/State vehemently opposed the petition and submitted that the petitioner has committed the murder of the deceased with a clear intention and motive. It is a clear case of conviction. If the - 5 - HC-KAR NC: 2026:KHC:19223 CRL.P No. 3858 of 2026 petitioner is enlarged on bail, there may be chances of absconding from the case. Hence, it is not appropriate to grant him bail. Making such submissions, she prays to reject the petition. 8. Heard the learned counsel for the respective parties, and perused the averments of the charge sheet. It appears that the petitioner had borrowed a sum of Rs.1,000/- from the deceased. Since the said amount was not repaid, the deceased was frequently quarrelling with the petitioner and he was using abusive language against him and his wife. It is alleged that the petitioner had committed murder of the deceased. However, the entire case is based on circumstantial evidence. Considering the said aspect, it is appropriate to grant him bail by imposing suitable conditions. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:19223 CRL.P No. 3858 of 2026 ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No. 416/2025 of respondent/police for the offence punishable under Sections 103(1) of Bharatiya Nyaya Sanhitha, 2023 pending in CC No.383/2026 on the file of the learned III Additional Civil Judge and JMFC, Anekal on executing personal bond for a sum of Rs.1,00,000/- with one local surety for the like sum to the satisfaction of the Trial Court. iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. v) The petitioner shall not indulge in any criminal activities, till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the - 7 - HC-KAR NC: 2026:KHC:19223 CRL.P No. 3858 of 2026 prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 34