- 1 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14451 OF 2025 BETWEEN: HANUMANTHA @ HANUMANTHA, LATE SIDDAPPA, AGED ABOUT 38 YEARS, YARAPPANAHALLI BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE CITY, KARNATAKA - 560 049. …PETITIONER (BY SRI. KIRANKUMAR H.K, ADVOCATE) AND: STATE OF KARNATAKA BY BY SHO, AVALAHALLI PS BENGALURU, REPTD. BY STATE PUBLIC PROCECUTER, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR NO.392/2024 SESSION CASE NO.97/25 AVALAHALLI POLICE STATION FOR ALLEGED OFFENCES P/U/S 103, 238 R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE 6 ADDL.DISTRICT AND SESSIONS JUDGE IN BENGALURU RURAL OF BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.97/2025 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.392/2024 registered by Avalahally Police Station, Bangaluru District, for offences punishable under Sections 103, 238 read with Section 3(5) of BNS, 2023 is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in the present case was registered against petitioner and another for the aforesaid offences, based on the first information dated 16.11.2024 received from Smt.Ratna, wife of deceased Vadivelu. 4. During the course of investigation, petitioner herein was arrested on 19.11.2024, and subsequently remanded to judicial custody. After completing - 3 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 investigation charge sheet has been filed against the petitioner and another for the aforesaid offences. His bail application filed before the Trial Court was rejected and therefore, he had approach this Court in Crl.P.No.3759/2025 which was dismissed as not pressed on 21.04.2025 with liberty to the petitioner to renew his bail application after examination of CW.2 is completed. Thereafter, accused No.2 was granted regular bail by this Court in Crl.P.No.5645/2025 on 23.06.2025. It is under these circumstances petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that till date trial has not yet commenced in the case. Petitioner who is an agricultural labourer has no other criminal antecedents. He has got a family to be taken care of. Accused No.2 has been granted regular bail by this Court in Crl.P.No.5645/2025. Petitioner has not used any weapon to assault the deceased. There is a delay of five - 4 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 days in filing the complaint. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by the learned counsel for the petitioner. 7. In the first information, which is filed by the wife of deceased Vadivelu, she has stated that her husband was a chronic drunkard and he had gone out on work on 09.11.2024. However, he had not returned home and on 11.11.2024 at about 09.00 a.m, she was informed that her husband was lying down in a under construction building. Immediately thereafter she had gone there and on enquiry her husband had allegedly informed her that on 10.11.2024 for the reason that he had committed theft of iron rods in the under construction building, accused Nos.1 and 2 had assaulted him with hands and as a result, he was suffering from stomach pain. Immediately thereafter, the first informant and others had shifted Vadivelu to a - 5 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 hospital and on 16.11.2024 Vadivelu had died in the hospital while undergoing treatment. Thereafter, the first informant had approached the police and based on her first information, FIR was registered against petitioner and another. 8. Undisputedly, there are no eye-witnesses to the incident-in-question. According to the first informant, her husband had informed her on 11.11.2024 that on 10.11.2024, accused Nos.1 and 2 had assaulted him for the reason that he had committed theft of iron rods. Allegation against accused Nos.1 and 2 is that they have assaulted Vadivelu with their hands. Petitioner allegedly had assaulted Vadivelu with his hands on his stomach and when he fell down, he allegedly had kicked him. It is not in dispute that accused Nos.1 and 2 had not used any weapon to assault the deceased. 9. Though first informant came to know about the alleged incident on 11.11.2024 itself, she had not - 6 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 approached the police and submitted any first information and it is only after Vadivelu died in the hospital on 16.11.2024, she had approached the police alleging that death was as a result of assault made by accused Nos.1 and 2. 10. The material on record would go to show that the deceased was a chronic drunkard and the post mortem report of the deceased would go to show that death was as a result of Septicemia suffered by him due to injury to the stomach. No other external injuries are found in the dead body of the deceased. Accused No.2 has been granted regular bail by this Court in Crl.P.No.5645/2025 on 23.06.2025. Petitioner, who is said to be an agricultural labourer, has no other criminal antecedent and is in custody from 19.11.2024. It is not in dispute that till date trial in the case has not yet commenced. Prosecution has in all cited 21 charge sheet witnesses in the present case and therefore, the trial in the case is not likely to be concluded in the immediate near soon. It is brought to the - 7 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 notice of this Court that petitioner is a married man having family and there is nobody to take care of his wife and children. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.97/2025 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.392/2024 registered by Avalahally Police Station, Bangaluru District, for offences punishable under Sections 103, 238 read with Section 3(5) of BNS, 2023 subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, - 8 - HC-KAR NC: 2026:KHC:5449 CRL.P No. 14451 of 2025 out of which one shall be local surety, 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 KVR List No.: 1 Sl No.: 9