- 1 - HC-KAR NC: 2026:KHC:1030 CRL.P No. 16276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16276 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. CHANDRASHEKHARA S S/O SURESHA AGED ABOUT 22 YEARS R/AT MELAJIPURA VILLAGE CHAMARAJANAGARA TALUK BADANAGUPPE CHAMARAJANAGARA DISTRICT -571 313 NOW RESIDING AT SIDDALINGAYYANAPALYA VILLAGE URDIGERE HOBLI TUMAKURU TALUK TUMAKURU DISTRICT- PIN- 572 140. …PETITIONER (BY SRI SHIVANANDA REDDY R V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TUMAKURU WOMEN POLICE STATION TUMAKURU REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1030 CRL.P No. 16276 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SPL.C.No.433/2025 (CR.No.34/2025 OF WOMEN P.S. TUMAKURU) PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, TUMAKURU FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 103,238 OF BNS. 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 the sole accused under Section 483 of BNSS praying to grant bail in Special Case No.433/2025 arising out of Crime No.34/2025 of Woman Police Station, Tumkur pending on the file of Principal District and Sessions Judge, Tumkur registered for offences punishable under Sections 103 and 238 of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the husband of C.W.9 left her and this - 3 - HC-KAR NC: 2026:KHC:1030 CRL.P No. 16276 of 2025 petitioner was residing with her. The deceased was child of C.W.9 and 10. The deceased child asked the petitioner to get ice cream and as he had done night duty, as child was insisting for ice cream, enraged by that he slapped on the cheek of the child and the head hit the wall and the child died. There was no intention on the part of the petitioner to commit the murder of the child. The petitioner is in judicial custody since 23.03.2025 and as charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the petitioner always used to assault the child as it was not born to him. On the day of incident, he assaulted the child and the head of the child hit to wall and the child died. In order to hide the incident, the petitioner disclosed to others that the child died due to snake bite and cremated it. Subsequently, the child was exhumed, post mortem - 4 - HC-KAR NC: 2026:KHC:1030 CRL.P No. 16276 of 2025 was conducted and it was found that the cause of death of the child is due to head injury. Charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 6. As per column No.17 of the FIR, the deceased child was born to C.W.9 and C.W.10. C.W.9 was residing with the petitioner as her husband C.W.10 left her. C.W.9 was taking care of the child for one day and petitioner -accused was taking care of the child on other day. When the petitioner was taking care of the child on the day of incident, when the child asked the petitioner to get him ice cream, enraged by that, slapped the child and head of the child dashed to the wall and it died. Considering the said aspect, there was no intention on the part of the petitioner to kill the deceased. The petitioner is - 5 - HC-KAR NC: 2026:KHC:1030 CRL.P No. 16276 of 2025 in judicial custody since 23.03.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special Case No.433/2025 arising out of Crime No.34/2025 of Woman Police Station, Tumkur pending on the file of Principal District and Sessions Judge, Tumkur subject to following conditions: a) The petitioner -accused shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the like sum of to the satisfaction of the trial Court. - 6 - HC-KAR NC: 2026:KHC:1030 CRL.P No. 16276 of 2025 b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused shall attend the trial Court on all dated of hearing, unless exempted and co-operate for disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 8 Ct.sm