- 1 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7622 OF 2026 (439(Cr.PC) / 483(BNSS) ) BETWEEN: SRI. RAMESH R B S/O. LATE BASAVARAJU, AGED ABOUT 23 YEARS RESIDING AT RAMPURA VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT - 573126. …PETITIONER (BY SRI. ARUN B K., ADVOCATE) AND: THE STATE OF KARNATAKA BY ARASIKERE RURAL POLICE STATION, SARASWATHI PURAM, ARASIKERE, HASSAN, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SMT.RASHMI JADHAV., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH S.C.NO.66/2026 ARISING OUT OF CRIME NO.174 OF ARASIKERE RURAL POLICE STATION, REGISTERED FOR THE OFFENCE P/U/SECTIONS 103(1) AND 352 OF THE BNS 2023, WHICH IS PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN AND ETC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 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 in S.C.No.66/2026 pending before the Court of II Additional District and Sessions Judge, Hassan, arising out of Crime No.174/2025 registered by Arasikere Rural Police Station, Arasikere, for offence punishable under Sections 103(1) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), is before this Court in this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.174/2025 was registered by Arasikere Rural Police Station, Arasikere, against the petitioner for the offence punishable under Section 103(1) of BNS, 2023, on the basis of the first information dated 02.11.2025 received from Smt.Latha S W/o deceased - Girish RS. - 3 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 4. During the course of investigation of the case, the petitioner was arrested on 02.11.2025 and was remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against the petitioner for the aforesaid offence. His bail application filed before the jurisdictional Trial Court in S.C.No.66/2026 was rejected on 23.04.2026. Therefore, the petitioner is before this Court in this criminal petition. 5. Learned Counsel for the petitioner submits that petitioner is a youngster aged about 23 years having no other criminal antecedent. Allegation as against the petitioner is that on the alleged date of incident, after consuming alcohol, he had quarreled with the deceased and assaulted him on his face with stone. The Post Mortem Report does not reflect any serious injury on the face of the deceased, whereas the death is said to be as result of the injuries sustained by the deceased which would have been caused when he had fallen down on the ground, as a result of his head hitting some hard surface. - 4 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 6. Learned Additional State Public Prosecutor, has opposed the petition and submits that the Post Mortem Report would go to show that the base of the skull was fractured into multiple pieces and death is caused as a result of the same. She further submits that as a result of the impact of the assault on the face, the fatal injury might have been sustained. Accordingly, she prays to dismiss the petition. 7. In the first information submitted by the wife of deceased on 02.11.2025, she has stated that on 01.11.2025 at about 09.30 p.m., she received information that her husband-Girish RS was assaulted by the petitioner with stone and he was taken to Arasikere Hospital for treatment. She has also stated that on advise, her husband was shifted from Arasikere Hospital to NIMHANS Hospital, Bengaluru. On the way to NIMHANS Hospital, at about 01.30 a.m. on 02.11.2025, her husband - Girish RS had died. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offence. - 5 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 During the course of investigation, petitioner was arrested on 02.11.2025 and remanded to judicial custody. After completing investigation, charge sheet was filed. 8. It is stated in the charge sheet that on 01.11.2025 at about 07.30 p.m., petitioner, after consuming alcohol, came near the shop of Jayappa in their village and was abusing the public without any reason. Girish RS., who came there allegedly advised him and asked him to go home. Petitioner who got enraged had allegedly abused Girish RS., using filthy language and thereafter, picked up a stone from the roadside and assaulted with the said stone on his face. Immediately, thereafter CW2 to CW4, pacified the quarrel and had shifted injured-Girish RS., to hospital. On advice, when the injured was being shifted to NIMHANS Hospital in Bangalore, on the way, he had died at about 01.30 a.m. on 02.11.2022. - 6 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 9. CW2 to CW5 are the alleged eye-witnesses to the incident in question. All these witnesses have stated that after consuming alcohol, on 01.11.2021 at about 07.30 p.m., the petitioner was unnecessarily abusing the public near the shop of Jayappa. Since Girish RS., advised the petitioner, he got enraged and thereafter picked up quarrel and assaulted Girish RS., with stone on his face. The eye-witnesses have stated that the petitioner had given only one blow on the face of deceased with a stone and as a result he had fallen down. The Post Mortem Report of the deceased would reveal that he had three external injuries on his body, which are as follows: External Injuries : 1. Abraded contusion measuring 3 x 2 cm is present over the upper lip with swelling and underlying teeth loosened with bleeding points. 2. Laceration measuring 4 x 1 cm mucosa deep present over the lower lip with swelling. 3. Abraded contusion measuring 5 x 3 cm is present over the chin. - 7 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 10. The said external injuries are not very grievous in nature. However, the Post Mortem Report mentions that the base of the skull had fractured into multiple pieces and death was due to head injury sustained. Learned Counsel for the petitioner during the course of his arguments has stated that the said injuries might have been caused when the deceased had fallen down on the ground. The submission of the learned Counsel for the petitioner cannot be lightly brushed aside. Petitioner is aged about 23 years and has no other criminal antecedents, he is in custody in the present case for the last more than 8 months, investigation of case is already completed and his continued detention amongst hardcore criminals in the jail may have some adverse impact on his mindset and affect his future prospects. 11. Under the circumstances, I am of the opinion that without expressing any opinion on the merits/demerits of the case, the prayer made by the - 8 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. Petitioner is directed to be enlarged on bail in S.C.No.66/2026 pending before the Court of II Additional District and Sessions Judge, Hassan, arising out of Crime No.174/2025 registered by Arasikere Rural Police Station, Arasikere, for offence punishable under Sections 103(1) and 352 of the BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, 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; - 9 - HC-KAR NC: 2026:KHC:35706 CRL.P No. 7622 of 2026 c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; and e) 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 DL List No.: 1 Sl No.: 68