- 1 - HC-KAR NC: 2026:KHC:8035 CRL.P No. 13036 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13036 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: KRISHNA S/O NANJEGOWDA AGED ABOUT 43 YEARS R/AT GANDATHUR VILLAGE H.D.KOTE TALUK MYSURU DISTRICT, PIN-571 114 …PETITIONER (BY SRI. SHARATH J.M, ADVOCATE) AND: STATE OF KARNATAKA BY ANTHARASANTHE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU-560 001 …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL WHO IS ACCUSED IN CR.NO.1/2025 (SC.NO.99/2025) REGISTERED BY RESPONDENT ANTHARASANTHE P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 351(2), 118(1), 103(1) OF BNS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8035 CRL.P No. 13036 of 2025 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, AT MYSURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in S.C. No. 99/ 2025 (Crime No. 1/2025 of Antarasanthe Police Station) registered for offence under Sections 352, 351(2), 118(1), 103(1) of BNS pending on the file of II Additional District and Sessions Judge, Mysuru. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State. 3. Learned counsel for petitioner would contend that the incident had taken place on 03.01.2025 and complaint was filed on 05.01.2025 and there is delay in filing the complaint. There was no intention or motive on the part of the petitioner to assault the deceased. - 3 - HC-KAR NC: 2026:KHC:8035 CRL.P No. 13036 of 2025 Petitioner was under intoxication when the incident has taken place. Earlier, Before the Doctor, history given is false and it creates a doubt in the case of the prosecution. Petitioner is in judicial custody since 06.01.2025 and as chargesheet is filed he is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that petitioner was under intoxication and he assaulted with a club on the head of the deceased and also assaulted C.W.1 who came to rescue the deceased. Thereafter petitioner dragged the deceased and assaulted him. As a result, the deceased died after two days on 05.01.2025. C.W.1 is the injured eyewitness. If the petitioner is granted bail, there is threat to C.W.1 and other prosecution witnesses. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties the Court has perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:8035 CRL.P No. 13036 of 2025 6. Case of the prosecution as per chargesheet is that there was a quarrel between petitioner and C.W.4 and in that quarrel the deceased had supported C.W.4. Enraged by that, petitioner had assaulted the deceased with a club on his head when he was moving with C.W.1. When he fell down, petitioner had dragged the deceased and assaulted him with hands and legs. Petitioner had also assaulted C.W.1 who came to rescue the deceased on her left hand. The deceased died in the hospital after two days on 05.01.2025. Complaint has been filed by C.W.1, who was also injured, after death of the deceased and therefore there is no delay in filing the complaint. C.W.1 is the injured eyewitness to the incident. Chargesheet material show prima facie case against the petitioner for the offences alleged against him. One of the offences alleged against the petitioner is punishable with either death or imprisonment for life. If the petitioner is granted bail, there is threat to C.W.1 and other prosecution witnesses. - 5 - HC-KAR NC: 2026:KHC:8035 CRL.P No. 13036 of 2025 7. Considering the above aspects, petitioner has not made out any grounds for grant bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 3