- 1 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4433 OF 2026 BETWEEN: 1. MR VADLA NAVEEN KUMAR S/O. LATE VADLA SHEKAR, AGED ABOUT 34 YEARS, R/AT NO.4/18, RAMKRISHNA COLONY, ANANTHAPURA TOWN, ANDHRA PRADESH, LAYOUT, ABBIGERE, PINE CODE -515001 …PETITIONER (BY SRI. RAJAVARDHANA REDDY, ADV. FOR SRI RANGANATH REDDY R.,ADVOCATE) AND: 1. STATE BY THE STATION HOUSE OFFICER KODIGENAHALLI POLICE STATION TUMKUR DISTRICT, REPRESENTED BY HCGP (HIGH COURT OF KARNATAKA) BENGALURU PIN CODE-560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 ENLARGE THE PETITIONER ON BAIL IN CRIME NO.135/2025 DATED 14/10/2025 REGISTERED AT KODIGENAHALLI POLICE STATION AND NOW CHARGE SHEET AND PENDING BEFORE THE LEARNED COURT OF PRL CIVIL JUDGE (SR.DN) AND CJM MADHUGIRI TUMKUR DISTRICT FOR OFFENCE PUNISHABLE UNDER SECTION 103(1), 3(5), 61, OF BHARATIYA NYAYA SANHITA ACT 2023 UNDER SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE CASE AND ETC.. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.135/2025 registered by Kodigenahalli Police Station, Tumkuru, for offences punishable under Section 103(1), 3(5), 61 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.135/2025 was registered by Kodigenahalli Police Station, Tumkuru, for offences punishable under Section 103(1), 3(5), of BNS 2023 against Shiva and two others based on the first - 3 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 information dated 14.10.2025 received from Nagarathnamma, mother of deceased Akkalappagari Pavan Kalyan. In the said case, petitioner was arrested on 17.10.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 3 persons for the aforesaid offences and petitioner is arraigned as accused No. 2 in the charge sheet. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.5061/2026 was rejected on 28.02.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is an inordinate delay in registering the FIR. He submits that petitioner has no other criminal antecedents. Incident in question had taken place after deceased and his friends had quarrelled with the accused persons inside a Bar and Restaurant. Neither in the first information nor in the statement of the alleged eye witnesses recorded under Section 183 of BNSS 2023, there is any mention about the incident that had taken place on the morning of - 4 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 12.10.2025. He submits that in the incident inside the Bar and Restaurant that had taken place on 12.10.2025, allegation as against the petitioner is that he had assaulted the deceased with his hands and legs. Death is as a result of head injury which is corresponding to the assault made by accused No.1. Therefore, he prays to allow the petition. 5. Per Contra, learned HCGP who has opposed the petition, submits that CW2, CW3, CW13-15 and CW24 are the witnesses to the incident in question. Petitioner hails from Andhra Pradesh State and in the event he is enlarged on bail, it would be difficult to secure his presence. He submits that incident in question has been recorded in CCTV inside the Bar and Restaurant. Accordingly, he prays to dismiss the petition. 6. According to the prosecution, on 12.10.2025 at about 1.00 p.m., when accused No.2 and his friend Durga Prasad, CW24 were consuming alcohol near Nandini - 5 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 Boarding and lodging, deceased Pavan Kalyan and his friends CWs.2 and 3 came there and there was a quarrel between accused No.2 and the deceased for the reason that the deceased had stared at him. Subsequently, accused No.2 and CW24 had gone away and thereafter, accused No.2 had returned along with accused No. 1 and 3 to the spot where deceased was consuming alcohol with CW2 and CW3 and had quarrelled with Pavan Kalyan. It is alleged that accused No.1- Shiva after quarrelling with Pavan Kalyan, assaulted him on his head and other parts of the body with the cricket bat and when Pavan Kalyan fell down, petitioner and accused No.3 allegedly assaulted him with their hands and legs. 7. Material on record would go to show that the incident in which Pavan Kalyan was assaulted by accused Nos.1 to 3 had taken place near Nandini Boarding and Lodging at about 2.00 p.m.,on 12.10.2025. First information would reveal that Pavan Kalyan had returned home on the said day at about 7.00 p.m., and had - 6 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 informed his mother that when he along with his friends CW2 and CW3 were consuming alcohol in Nandini bar, accused persons who came there had called him home, since he had refused to accompany them, they allegedly assaulted him. 8. On the night of 12.10.2025. Pavan Kalyan had slept in his house and on the next day i.e., on 13.10.2025 at about 10.30 a.m., he had complained of pain and therefore, a Doctor was summoned to the house and Pavan Kalyan was allegedly treated by the said Doctor. Subsequently, at 5.00 p.m., on 13.10.2025, Pavan Kalyan started vomiting and thereafter, he was taken to the hospital and in the said hospital he had died at about 4.26 a.m., on 14.10.2025. First information is thereafter filed belatedly at about 8.15 p.m., on 14.10.2025. The inordinate delay in approaching the police is not at all satisfactorily explained in the present case. - 7 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 9. It is not in dispute that petitioner has no other criminal antecedent. Allegation as against him is that he had assaulted the deceased with his hands and legs, inside the Bar and Restaurant where he has consumed alcohol. Death is as a result of head injury which corresponds to the alleged assault made by accused No.1 on head of the deceased with a cricket bat. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Hence, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.135/2025 registered by Kodigenahalli P.S. Tumkuru, now pending before the Principal Civil Judge (Sr.Dn) and CJM Madhugiri, Tumkuru, for offences punishable under Section 103(1), 3(5), 61 of BNS 2023 subject to the following conditions: - 8 - HC-KAR NC: 2026:KHC:34583 CRL.P No. 4433 of 2026 (a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likeusm (out of which one surety shall be local surety), to the satisfaction of the jurisdictional Court; (b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) 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 tsn* List No.: 1 Sl No.: 39