- 1 - HC-KAR NC: 2026:KHC:5288 CRL.P No. 14903 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14903 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MATEEN KHAN @ MATEEN S/O. FIROZ KHAN AGED ABOUT 22 YEARS, R/AT NO.177, KSCB SLUM QUARTERS BEHIND AMEER MAVIYA MASJID KALYANGIRI MYSURU-570019. …PETITIONER (BY SRI. LETHIF B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY UDAYAGIRI POLICE STATION, MYSURU DISTRICT REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560001. …RESPONDENT (BY SRI. M R PATIL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5288 CRL.P No. 14903 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.59/2025 (C.C.NO.4983/2025) OF UDAYAGIRI P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1) OF BNS PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS COURT MYSURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.59/2025 of Udayagiri Police Station registered for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 pending in CC No.4983/2025 on the file of the learned II Additional Civil Judge (Jr.Dn.) and JMFC, Mysuru. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. - 3 - HC-KAR NC: 2026:KHC:5288 CRL.P No. 14903 of 2025 3. The learned counsel for petitioner would contend that the FIR came to be registered by the sister of the deceased based on the statement of CWs.15 and 16. The date of incident is on 13.04.2025 at 10.00 p.m. and petitioner came to be arrested on the next day, that is, on 15.04.2025. The statements of CWs.11 to 18 were recorded belatedly during May and June 2025. There are material contradictions in the statements of CWs.11 to 18. Further, CWs.15, 16, and 18 have not stated as to who assaulted the deceased. There are two injuries as noted in the post mortem report. Out of them, one injury is a stab injury and another is abrasion, and doctor opined that the death is due to haemorrhagic shock due to stab injury sustained over the left side of chest. The deceased had consumed alcohol at the time of the incident. The motive for the petitioner is that his mother had married the deceased and there were quarrels between him and the deceased. The statement of mother of petitioner has been recorded and she is CW22 in the charge sheet. CW13 in - 4 - HC-KAR NC: 2026:KHC:5288 CRL.P No. 14903 of 2025 the statement recorded under Section 183 of BNSS has stated that unknown person assaulted. The T. I. Parade has not been conducted. The charge sheet has been filed and the petitioner is in judicial custody since last ten months. There are no criminal antecedents of the petitioner. The petitioner is aged 22 years. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that the incident was witnessed by CWs.11 to 18, who are eyewitnesses to the occurrence. CW11 to CW18 in their statements before the police, they specifically stated accused assaulting the deceased with a knife on his chest. The knife has been seized at the instance of the petitioner and in the FSL report, it is found to be bloodstained. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there is a threat to prosecution witnesses. With this, he prays to reject the petition. - 5 - HC-KAR NC: 2026:KHC:5288 CRL.P No. 14903 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The charge sheet indicates that the mother of the petitioner had married the deceased and was residing with him. It is alleged that the petitioner was angry with the said marriage, had quarrelled with them, and had threatened to finish the deceased. The mother of the petitioner married the deceased during lifetime of her husband. There was a quarrel between the petitioner and the deceased during Ramzan festival with regard to mobile. It is alleged that, at that time, the petitioner showed a knife to the deceased and threatened to kill him. Further, on 13.04.2025 at about 10.00 p.m., when the deceased was with his friends near an egg rice shop, the petitioner came there. When the deceased approached him to speak, the petitioner assaulted the deceased with a - 6 - HC-KAR NC: 2026:KHC:5288 CRL.P No. 14903 of 2025 knife on his chest, as a result of which, he succumbed to the injuries. 7. CWs.11 to 18 are eyewitnesses to the incident. They have stated that the petitioner has assaulted the deceased with knife in their statement recorded by the Investigating Officer. The statements of CWs.11 to 18 have also been recorded under Section 183 of BNSS subsequently, out of them, CW12 has specifically stated that the petitioner stabbing the deceased with knife on his chest. Even though the other witnesses have not stated the name of the person who assaulted the deceased, the same cannot be considered at this stage while considering the bail petition. The post mortem report indicates that the death of deceased is due to hemorrhagic shock as a result of stab injury to chest. The knife recovered at the instance of the petitioner is found to be blood stained. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. The offence alleged is punishable with death or imprisonment - 7 - HC-KAR NC: 2026:KHC:5288 CRL.P No. 14903 of 2025 for life. If the petitioner is granted bail, there is a threat to the prosecution witnesses. 8. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 2 Sl No.: 14