- 1 - HC-KAR NC: 2026:KHC:33395 CRL.P No. 7424 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7424 OF 2026 BETWEEN: SRI SWAMY @ SWAMIGOWDA @ PUTTABUDDI S/O LATE PUTTABUDDIGOWDA AGED ABOUT 62 YEARS RESIDING AT CHANNIPURADUDDI VILLAGE, KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT. …PETITIONER (BY SRI NATARAJ H.P, ADV.) AND: STATE OF KARNATAKA BY KOLLEGAL RURAL POLICE STATION CHAMARAJANAGAR DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) TSHI CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO REGULAR BAIL IN CONNECTION WITH CRIME NO.254/2025 OF KOLLEGAL RURAL POLICE STATION (NOW PENDING TRIAL IN S.C. NO.5014/2026, FOR OFFENSES PUNISHABLE UNDER SECTIONS 126(2), 352,103(1) R/W 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 (BNS). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33395 CRL.P No. 7424 of 2026 ORAL ORDER 1. Accused No.1 in SC No.5014/2026 pending before the Court of I Additional District and Sessions Judge, Chamarajanagara, sitting at Kollegala, arising out of Crime No.254/2025 registered by Kollegala Rural Police Station, Chamarajanagara, for the offences punishable under Sections 126(2), 352, 54, 103(1) read with Section 3(5) 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 was registered in Crime No.254/2025 by Kollegala Rural Police Station, Chamarajanagara, for the offences punishable under Sections 126(2), 352, 103(1) read with Section 3(5) of BNS, 2023, against petitioner and his wife based on the first information dated 29.12.2025 received from Saraswathi, wife of deceased Umesha. In the said case, petitioner herein was arrested on 30.12.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the - 3 - HC-KAR NC: 2026:KHC:33395 CRL.P No. 7424 of 2026 petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5056/2026 was rejected on 13.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a person aged about 62 years having no criminal antecedents. The entire case of the prosecution is based on circumstantial evidence. Having regard to the averments found in the first information, CW2 and CW3 cannot be said to be the eye witnesses to the incident in question. Alleged incident had taken place after the deceased had abused the petitioner referring to his mother and sister. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. State Public Prosecutor, who has opposed the petition submits that CW2 and CW3 are the eye witnesses to the incident in question. Deceased had suffered as many as 20 injuries on his body and allegation of assaulting the deceased with a sickle is as against the petitioner. She, accordingly, prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:33395 CRL.P No. 7424 of 2026 6. In the first information, which is submitted by the wife of deceased Umesha, it is stated that petitioner herein had borrowed money from Umesha and had not repaid the same. Thereafter, the petitioner was avoiding Umesha and on 27.12.2025, when Umesh had gone to the house of petitioner demanding repayment of the money, petitioner and his wife Nagamma allegedly had quarrelled with him. On 29.12.2025 at about 04.00 p.m. when the first informant was in her house, her relative Mahadeva - CW2, informed her that petitioner and his wife have assaulted her husband Umesha and as a result, Umesha had lost his consciousness. CW2 allegedly informed the first informant that petitioner's wife Nagamma after quarrelling with Umesha had caught hold of him and the petitioner herein had assaulted Umesha with a sickle and thereafter, both of them had escaped from the spot. Immediately thereafter, the injured was shifted to Hospital but he succumbed to the injuries and died while undergoing treatment. 7. In the charge sheet, which is now filed against accused Nos.1 and 2, wife of the petitioner, Smt. Nagamma, who was arrayed as accused No.2 in the FIR is dropped. As per the - 5 - HC-KAR NC: 2026:KHC:33395 CRL.P No. 7424 of 2026 charge sheet allegations, on 29.12.2025, after consuming alcohol at about 02.45 p.m., Umesha was abusing petitioner using filthy language and he also had referred to the mother and sister of the petitioner and had used filthy language even as against them. Accused No.2 allegedly informed about the same to the petitioner and instigated the petitioner and therefore, accused No.1 picked up a sickle and went to the place where Umesha was abusing him using filthy language, quarreled with him and allegedly assaulted him with the sickle which he had brought. 8. According to the prosecution, CW2 and CW3 are the alleged eyewitnesses to the incident in question. CW2 is the relative of CW1 and CW3 is said to be the worker of CW2. First information was submitted based on the information given by CW2. The averments found in first information wherein overt acts are alleged as against the wife of the petitioner herein, who was arrayed as accused No.2 in the FIR, makes the case of the prosecution that CW2 and CW3 are the eyewitnesses to the incident in question doubtful. Petitioner aged 62 years has no other criminal antecedents. Investigation of the case is - 6 - HC-KAR NC: 2026:KHC:33395 CRL.P No. 7424 of 2026 completed and charge sheet has been filed. Under the circumstances, the following order:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5014/2026 pending before the Court of I Additional District and Sessions Judge, Chamarajanagara, sitting at Kollegala, arising out of Crime No.254/2025 registered by Kollegala Rural Police Station, Chamarajanagara, for the offences punishable under Sections 126(2), 352, 54, 103(1) read with Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 7 - HC-KAR NC: 2026:KHC:33395 CRL.P No. 7424 of 2026 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 DN List No.: 1 Sl No.: 60