- 1 - HC-KAR NC: 2026:KHC:33028 CRL.P No. 7164 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7164 OF 2026 BETWEEN: 1. MALLIKARJUNA S/O MALLAIAH AGED 45 YEARS R/AT HANGRAHALLI VILLAGE, HULIYURDURGA HOBLI KUNIGAL TALUK, TUMAKURU DISTRICT PINCODE-572123. (NOW IN J C) …PETITIONERS (BY SRI SHANKAR H.S, ADV., FOR SRI RAMACHANDRA M.B, ADV.) AND: 1. STATE BY HULIYURDURGA POLICE REP. BY LEARNED STATE PUBLIC PROSECUTOR, HIGH OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. JAGADISHA S/O DEVAIAH AGED ABOUT 39 YEARS R/AT HANGRAHALLI VILLAGE HULIYURUDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT PIN CODE - 572 123. …RESPONDENT (BY SRI RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITION AND ENLARGE HIM ON BAIL IN CRIME NO.227/2025 OF HULIYURDURGA POLICE, NOW CHARGE SHEET IS FILED FOR THE OFFENCES UNDER SECTION 103(1) AND 352 OF BNS, NOW PENDING FOR COMMITTAL IN C.C.NO.43/2026 ON Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33028 CRL.P No. 7164 of 2026 THE FILE OF LEARNED ADDL. SENIOR CIVIL JUDGE AND JMFC KUNIGAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.227 of 2025 registered by Huliyurudurga Police Station, Tumakuru District for offence punishable under Section 103(1) & 352 of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.227 of 2025 was registered by Huliyurudurga Police Station, Tumakuru District initially for offences punishable under Sections 103(1), 352 & 351(2) of BNS, 2023 against the petitioner herein, based on the first information dated 19.11.2025 received from Sri Jagadisha, son of deceased Devaiah. In the said case, petitioner was arrested on 20.11.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed - 3 - HC-KAR NC: 2026:KHC:33028 CRL.P No. 7164 of 2026 against him for the aforesaid offences. His bail application filed before the trial Court in Crl.Misc.No.526/2026 was rejected on 17.04.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, incident in question appears to have taken place in a spur of moment after the parties had fought against each other on a petty issue. He submits that, allegation against the petitioner, who is an agriculturalist by avocation having no criminal antecedent is that he had assaulted Devaiah on his face with his hands. Investigation of the case is already completed. Petitioner is a married man having family. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP appearing for respondent no.1 - State and learned counsel appearing for respondent no. 2 - defacto complainant have opposed the bail application. 6. Learned counsel for respondent no.2 - submits that, petitioner had an ill will against the deceased and therefore it cannot be said that in a spur of moment, the incident in question had taken place. He submits that, petitioner had - 4 - HC-KAR NC: 2026:KHC:33028 CRL.P No. 7164 of 2026 assaulted on his face and the blow was so powerful that deceased fell down on the road and succumbed to the injuries. He submits that, CWs.2 to 5 are the eye witnesses to the incident in question and in the event, petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. 7. First informant in the present case is the son of deceased, and he appears to be a police constable, working at Govindraj Nagar Police Station in Bengaluru. In the first information, he has stated that his parents and the petitioner had some dispute with regard to certain property and the petitioner was threatening his parents with dire consequences to their life. On 19.11.2025, he was informed by one Nagaiah son of late Manchaiah (CW3), that at about 07.30 p.m. on the said date, petitioner had quarreled with Devaiah in the background of their civil dispute with regard to certain pathway and had assaulted Devaiah with his hand on his right cheek and as a result Devaiah fell down on the road and succumbed to the injuries. Immediately thereafter, first informant had traveled from Bangalore to his native village at Tumkur and after seeing - 5 - HC-KAR NC: 2026:KHC:33028 CRL.P No. 7164 of 2026 the dead body of his father had approached the police and submitted the first information, based on which, FIR was registered against the petitioner in Crime No.227 of 2025 for the aforesaid offences. 8. During the course of investigation, petitioner was arrested on 20.11.2025 and after completing investigation, charge sheet has been now filed for the aforesaid offences. Even as per the charge sheet allegations, on the alleged date of incident, petitioner and Devaiah had quarreled with each other in the background of their civil dispute relates to certain pathway and petitioner allegedly had assaulted Devaiah on his left cheek and also on his nose with his hands and as a result, Devaiah fell on the asphalt road and died at the spot. 9. Post mortem report of the deceased would go to show that deceased had not suffered external injuries on his body, except an abrasion on his left arm. In the postmortem report, final opinion as to the cause of death of deceased is mentioned as death is due to cranio-cerebral injuries as a result of injuries sustained. It is also mentioned that alcohol was present in the blood and viscera of the deceased. The injury - 6 - HC-KAR NC: 2026:KHC:33028 CRL.P No. 7164 of 2026 mentioned in the death certificate appears to have been caused when the deceased fell down on the asphalted road. 10. There is no allegation against the petitioner that he had assaulted deceased even after he fell down. The only allegation against the petitioner is that he had assaulted deceased on his face with his hands. Petitioner is an agriculturalist having no other criminal antecedents. The learned counsel for the petitioner has submitted that the petitioner is a married man and he is the only breadwinner of the family. 11. Considering the aforesaid aspects of the matter and also the nature of allegations found as against the petitioner in the first information as well as in the charge sheet, I am of the opinion that the prayer made by the petitioner for grant of regular bail required to be answered affirmatively. 12. Accordingly, the following: ORDER Criminal petition is allowed. - 7 - HC-KAR NC: 2026:KHC:33028 CRL.P No. 7164 of 2026 The petitioner is directed to be enlarged on bail in Crime No.227 of 2025 registered by Huliyurudurga Police Station, Tumakuru District for offence punishable under Section 103(1) & 352 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 55