- 1 - HC-KAR NC: 2026:KHC:1250 CRL.P No. 17411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17411 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. IRFAN @ KHALEEL UR REHMAN S/O KHAZI SYED GHOUSE AGE ABOUT 50 YEARS OCC: TIMBER MERCHANT R/O SJM EXTENSION OPP: SJM COLLEGE, HOSADURGA TOWN CHITRADURGA DISTRICT – 577 501. …PETITIONER (BY SRI IQBAL AHMED KHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOSADURGA POLICE REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING – 01. …RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO REGULAR BAIL TO THE PETITIONER CR.No.364/2025 HOSADURGA POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 329(4),103(1),115(2),74,54 R/W SECTION 3(5) OF BNS ACT AND SECTION C.C.No.1667/2025. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1250 CRL.P No. 17411 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.364/2025 of Hosadurga Police Station registered for offences punishable under Sections 329(4), 103(1), 115(2), 74, 54 read with 190 of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the deceased is brother-in-law of this petitioner and brother of his wife. He further submitted that the deceased was addicted to alcohol and therefore, his wife left him and he was troubling accused persons to give money etc,. Enraged by that there was quarrel and in that quarrel the alleged incident has taken place. There is no motive or preparation to commit the murder of the deceased. The petitioner and other accused who went to - 3 - HC-KAR NC: 2026:KHC:1250 CRL.P No. 17411 of 2025 the house of the deceased were not armed with any weapon. They alleged scissor with which the petitioner stated to have assaulted was taken in the house of the deceased and it has been used. C.W.3 to 19 who are students who are playing cricket are stated to be eye witnesses to the incident. The house in which the incident has taken place is situated in the first floor and it is not visible to the boys who are playing cricket in the ground and therefore they are not eye witnesses to the incident. The alleged incident has taken place in sudden provocation and at the most offence which is attracted in Section 103 of BNS which is provided with the maximum sentence of imprisonment for 10 years. The petitioner is having a wife and son. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. with these, he prays to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that the deceased is the - 4 - HC-KAR NC: 2026:KHC:1250 CRL.P No. 17411 of 2025 brother of accused No.3 and brother-in-law of this petitioner. Accused No.3, who is wife of this petitioner has instigated this petitioner and due to that all the accused went to the house of the deceased and this petitioner assaulted the deceased with scissor and caused his death. The post mortem report indicates that the cause of death is due to neurogenic shock secondary to multiple injuries. The assault is made on the chest and left eye. The charge sheet materials show prima face case against the petitioner. C.W.1 -complainant who is the mother of the deceased is also eye witness to the incident. If the petitioner is granted bail, there is threat to prosecution witnesses. With these, he prays to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The deceased is the brother of accused No.3. Accused No.3 is the wife of this petitioner. Accused No.2 is the son of this petitioner. The deceased has asked - 5 - HC-KAR NC: 2026:KHC:1250 CRL.P No. 17411 of 2025 accused No.3 to give money to him to go to Court to fight his case. It is alleged that the accused No.2 instigated accused Nos.1 and 2 and due to instigation all the accused went to the house of the deceased which is situated in the first floor. The mother of the deceased was present in the house at the time of the incident. At the time of the incident, the deceased was sitting on his sofa. He abused accused No.3 and tried to assault her, at that time accused No.2 assaulted him with fist on his face. At that time, the petitioner -accused No.1 took scissor kept on the sewing machine and assaulted with it on the chin and chest and caused his death. On the day of incident, the deceased came to the house of accused persons and quarreled with accused No.3 demanding money. Accused persons went to the house of the deceased as accused No.3 instigated other accused to take action against him. The accused persons went to the house of deceased unarmed. At the time of alleged incident, the deceased has abused accused No.3 and tried to assault her. At that time, accused No.2 assaulted her with fist on his face and - 6 - HC-KAR NC: 2026:KHC:1250 CRL.P No. 17411 of 2025 accused No.1 assaulted him with scissor kept on the sewing machine. The said aspect itself indicates that the petitioner -accused No.1 was not armed with any weapon when he reached the house of the deceased. It is submitted that the petitioner was not having any intention or motive to kill the deceased. It is further submitted that the said incident has taken place in sudden provocation. Therefore, offence under Section 102 is attracted and punishment provided for the same is imprisonment for 10 years. The petitioner is having wife and son to look after. As the charge sheet is filed, the petitioner is not required for 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. - 7 - HC-KAR NC: 2026:KHC:1250 CRL.P No. 17411 of 2025 ii) The petitioner is granted bail in Crime No.364/2025 of Hosadurga Police Station subject to following conditions: a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of jurisdictional Court. b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused No.1 shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 10 Ct.sm