- 1 - HC-KAR NC: 2026:KHC:3250 CRL.P No. 15309 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15309 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SUNIL RAJ S/O LATE RANGARAJU AGED ABOUT 31 YEARS R/AT No. 404, AMBEDKAR STREET MANDAKALLI VILLAGE MYSURU TALUK AND DISTRICT- 571 311. …PETITIONER (BY SRI HEMANTH KUMAR K, ADVOCATE) AND: STATE BY S H O MYSURU SOUTH P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI M.R.PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED No.1 IN S.C.No.113/2025 (CRIME No.22/2024) FILED BY THE RESPONDENT/MYSURU SOUTH POLICE STATION BEFORE THE HON’BLE VII ADDL DISTRICT AND SESSIONS JUDGE, AT MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 323, 324, 302, 307, 504, 34 OF IPC. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3250 CRL.P No. 15309 of 2025 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 accused No.1 under Section 483 of BNSS praying to grant bail in S.C.No.113/2024 (Crime No.22/2024 of Mysuru South Police Station) registered for offences under Section 341, 323, 324, 302, 307, 504 read with 34 of IPC, pending on the file of VII Additional District and Sessions Judge, Mysuru. 2. Heard the learned counsel for petitioner and the learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that the alleged incident has taken place in front of house of accused No.2, where the injured and deceased came to quarrel with the accused persons. The injured and deceased were aggressors. In the incident, accused No.1 and No.2 have sustained injuries on their head. The - 3 - HC-KAR NC: 2026:KHC:3250 CRL.P No. 15309 of 2025 prosecution has not explained the said injuries on the accused persons. Accused Nos.2 and 3 have been granted bail by the Sessions Court. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that CW.1 to CW.5 are eye witnesses to the incident. The Doctor who conducted the PM examination has opined that death is due to hemorrhage and shock as a result of stab injury sustained to the abdomen. The dagger has been seized at the instance of this petitioner/accused No.1. The statements of eye witnesses clearly indicate the overt act of this petitioner, assaulting the deceased with dagger on his stomach and causing his death. If the petitioner is granted bail, there are chances of him tampering the prosecution witnesses. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:3250 CRL.P No. 15309 of 2025 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, there was earlier quarrel on 26.01.2024 between accused Nos.1 and 2 and CW.7, CW.16 and CW.17. Thereafter on the same day at 10.00 p.m., CWs.1 and 2, and deceased came to the house of accused persons to ask as to why they abused. At that time, accused No.3 held CW.1 and accused No.1 assaulted him with dagger. He escaped from the hands of accused No.3 and he was trying to hold accused No.1. Accused No.1 with the same dagger went to assault CW.1 and at that time, CW.1 held the said dagger and sustained injury on his left little finger. Accused No.1 assaulted deceased - Ravichandra with a dagger on his stomach and caused severe injury. The said Ravichandra was taken to hospital and he died in the hospital. - 5 - HC-KAR NC: 2026:KHC:3250 CRL.P No. 15309 of 2025 7. The Doctor who conducted post-mortem of the dead body of the deceased has opined that death is due to hemorrhage and shock as a result of stab injury sustained to the abdomen. In the said opinion, it is also stated that the deceased had consumed alcohol at that time. The dagger has been seized at the instance of this petitioner/accused No.1 under mahazar. CW.1 and CW.2 are injured and CW.3 to CW.5 are eye witnesses to the incident. They have specifically stated the overt act of this petitioner/accused No.1 assaulting with a dagger on the stomach of the deceased. Even though accused Nos.1 and 2 stated to have sustained injury in the incident, they have not filed any complaint against the persons who have assaulted them. Merely because the prosecution has not explained the injuries on accused Nos.1 and 2 is not a ground for grant of bail to the petitioner. The offence alleged against him is under Section 302 of IPC which is punishable with death or imprisonment for life. If the petitioner is granted bail, there is a threat to CW.1 to - 6 - HC-KAR NC: 2026:KHC:3250 CRL.P No. 15309 of 2025 CW.5 injured and eye witnesses and other 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 DKB List No.: 1 Sl No.: 4 Ct.sm