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2026 DAILYLAW 28913 (KAR)

CHINNASWAMI @ SURESH v. STATE OF KARNATAKA BY

CRL.P/7913/2026 · 2026-07-15

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010375542026 NC: 2026:KHC:36177 CRL.P No. 7913 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7913 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: CHINNASWAMI @ SURESH S/O MANTEDAPPA @ PUTTANNA AGED ABOUT 46 YEARS R/AT MARIYALA VILLAGE CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT-571 313. …PETITIONER (BY SRI.ANIL KUMAR A.S., ADVOCATE FOR SRI. PARAMESWARAPPA C., ADVOCATE) AND: STATE OF KARNATAKA BY CHAMARAJANAGARA RURAL POLICE STATION, CHAMARAJANAGAR- 571 313 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU-560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE PETITIONER ON BAIL IN CR.NO.228/2025 OF CHAMARAJANAGAR RURAL P.S. FOR THE OFENCE P/U/S 117(2),118(1),352,351(2),74,103(1) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGAR. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010375542026 NC: 2026:KHC:36177 CRL.P No. 7913 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 No.1 in S.C.No.35/2026 pending before the Court of Principal District and Sessions Judge, Chamarajanagar, arising out of Crime No.228/2025 registered by Chamarajanagar Rural Police Station for offences punishable under Sections 117(2), 118(1), 352, 351(2), 74, 103(1) r/w. 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 in Crime No.228/2025 was registered by Chamarajanagar Rural Police Station for offences punishable under Sections 115(2), 118(1), 352, 351(2), 74 r/w. 3(5) of BNS, 2023 against the petitioner and another based on the first information dated 24.11.2025 received from Mantedappa, who is one of the injured - 3 - HC-KAR CNR: KAHC010375542026 NC: 2026:KHC:36177 CRL.P No. 7913 of 2026 victims in the present case. One of the injured victims, namely Tayamma, was admitted in the hospital. Subsequently, she died on 14.12.2025. Petitioner was thereafter arrested on 15.12.2025. After completing investigation, charge sheet is now filed against two persons and petitioner is arrayed as accused No. 1 in the charge sheet which is filed for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc. No.142/2026 was rejected on 10.04.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that accused Nos. 1 and 2 in the present case are direct brothers and they are close relatives of the deceased and the injured victims in the present case. It appears that there is a civil dispute between the family members of the two parties and on the alleged date of incident, pursuant to court orders, when the property in dispute was supposed to be surveyed, accused persons quarreled with - 4 - HC-KAR CNR: KAHC010375542026 NC: 2026:KHC:36177 CRL.P No. 7913 of 2026 first informant and accused No. 1 allegedly assaulted him with a wooden piece. At that time, deceased Tayamma and her younger sister Pachethayamma tried to intervene and accused Nos. 1 and 2 had allegedly pushed them and as a result, they fell down and suffered injuries. Subsequently, the neighbours intervened and accused Nos. 1 and 2 criminally intimidated the injured and went away. 5. Tayamma, aged 78 years, who was injured in the incident in question was admitted in the hospital. She had died in the said hospital on 14.12.2025 while undergoing treatment. Post mortem report of deceased Tayamma would go to show that deceased only had certain abrasions on her left and right hand and she had no other external injuries on her body. It is opined that death of Smt. Tayamma was due to complications of neck of left femur fracture. - 5 - HC-KAR CNR: KAHC010375542026 NC: 2026:KHC:36177 CRL.P No. 7913 of 2026 6. There is no allegation that accused Nos. 1 and 2 have assaulted Tayamma with any hard object and the only allegation against them is that they had pushed her and as a result she had fallen down. Therefore, it appears that the injury might have been sustained as a result of Tayamma falling to the ground. It is not in dispute that petitioner, who is an agriculturist, has no other criminal antecedents. The other two victims who have suffered injury in the present case have been discharged from the hospital and their condition is said to be stable. Under the circumstances, I am of the view that petitioner’s prayer for grant of regular bail needs to be answered affirmatively. Accordingly, following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.35/2026 pending before the Court of Principal District and Sessions Judge, Chamarajanagar, arising out of Crime No.228/2025 - 6 - HC-KAR CNR: KAHC010375542026 NC: 2026:KHC:36177 CRL.P No. 7913 of 2026 registered by Chamarajanagar Rural Police Station for offences punishable under Sections 117(2), 118(1), 352, 351(2), 74, 103(1) r/w. 3(5) of 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) 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; - 7 - HC-KAR CNR: KAHC010375542026 NC: 2026:KHC:36177 CRL.P No. 7913 of 2026 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 CM LIST NO.: 1 SL NO.: 68