- 1 - HC-KAR NC: 2026:KHC:2247 CRL.P No. 17327 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17327 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. RADHA KRISHNA @ KITTAPPA S/O. NARAYANA REDDY, AGED ABOUT 39 YEARS, R/AT. NO. 01, GROUND FLOOR, CLASSIC APARTMENT, 8TH CROSS, CELEBRITY LAYOUT, DODDATOGURU, BENGALURU-560 100. ALSO AT: NO.94, VENUGOPAL SWAMY TEMPLE, VITTASANDRA ROAD, BENGALURU - 560 068. …PETITIONER (BY SRI. K. RAMA SINGH, ADVOCATE) AND: THE STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTIION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.300/2025 (CRIME NO.67/2025) OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2247 CRL.P No. 17327 of 2025 RESPONDENT ELECTRONIC CITY POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 61(2), 249, 3(5) OF THE BNS, 2023, PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL AT BENGALURU. 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 Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.300/2025 (Crime No.67/2025 of Electronic City Police Station) pending on the file of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, registered for offences punishable under Sections 103, 61(2), 249 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2026:KHC:2247 CRL.P No. 17327 of 2025 3. Learned counsel for petitioner would contend that, there was a civil dispute with regard to property. The incident has taken place on 14.02.2025 and the statement of eyewitness C.W.13 has been recorded on 18.02.2025 and statement of another eyewitness C.W.17 has been recorded on 19.02.2025. The said statements of eyewitnesses have been recorded after arrest of this petitioner on 16.02.2025. The other accused persons have been granted bail. There are no criminal antecedents of the petitioner. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. C.W.13 and C.W.17 are eyewitnesses to the incident. C.W.13 has stated that, he is witnessing the petitioner assaulting the deceased and causing his death. C.W.17 has stated having - 4 - HC-KAR NC: 2026:KHC:2247 CRL.P No. 17327 of 2025 seen the quarrel between the petitioner and the deceased. The postmortem report indicates that, the deceased has sustained ten (10) external injuries. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. The charge sheet indicates that, there was a civil dispute between the petitioner and the deceased. The case of the prosecution is that, on 14.02.2025 at about 04.00 p.m. when accused No.1 was constructing the house, at that time, the deceased came to question him at about 04.30 p.m. and there was a quarrel between them. At that time, accused Nos.3 and 6 came in between and were talking with the deceased. At that time, accused No.1 took machete kept in the sheet shed and assaulted with it - 5 - HC-KAR NC: 2026:KHC:2247 CRL.P No. 17327 of 2025 on the head of the deceased. At that time, the wooden handle of the machete was separated and he took a spade and assaulted with it on the head of the deceased and caused his death. The incident has taken place on 14.02.2025. The complaint has been filed by the wife of the deceased on 14.02.2025. The petitioner has been arrested on 16.02.2025. The statement of C.W.13 - eyewitness has been recorded on 18.02.2025 and the statement of another eyewitness - C.W.17 has been recorded on 19.02.2025. It is submitted by the learned counsel for petitioner that, delay in recording the statement of eyewitnesses that too after arrest of the petitioner creates doubt regarding they being eyewitnesses to the incident. The charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. - 6 - HC-KAR NC: 2026:KHC:2247 CRL.P No. 17327 of 2025 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.300/2025 (Crime No.67/2025 of Electronic City Police Station) pending on the file of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless - 7 - HC-KAR NC: 2026:KHC:2247 CRL.P No. 17327 of 2025 exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 12