IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4795 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

MANJUNATH, S/O LATE CHIKKAHANUMANTHAPPA, AGED ABOUT 56 YEARS, R/O NO 63, 6TH 'C' CROSS, BEHIND RAJAGOPALNAGAR POLICE STATION, LAGGERE, PEENYA, 2ND STAGE, BANGALORE-560 058.

…PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE)

AND:

THE STATE OF KARNATAKA REP BY SUB-INSPECTOR OF POLICE, Digitally signed by GOWRIBIDANUR RURAL POLICE STATION, SWAPNA V GOWRIBIDANUR, DISTRICT CHIKKABALLAPURA, Location:

High Court of REP BY STATE PUBLIC PROSECUTOR, Karnataka HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

…RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)

THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS)

PRAYING TO ALLOW THE PETITION BY GRANTING HIM IN BAIL IN SC.NO.100/2024 IN CR.NO.224/2024 REGISTERED IN GOWRIBIDANUR P.S, FOR THE OFFENCES P/U/S

189(2),189(4),191(2),191(3),115(2),118(1),352,351(2),351 (3), 109(1), 103(2) R/W 190 OF BNS, 2023, PENDING ON THE FILE OF THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in S.C.No.100/2024 pending before the Court of I Additional District and Sessions Judge, Chikkaballapura, arising out of Crime No.224/2024 registered by Gowribidanuru Rural Police Station, Chikkaballapura, for offences punishable under Section 189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3), 109(1), 103(2) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.224/2024 was registered by Gowribidanuru Rural Police Station, Chikkaballapura against the petitioner and six others for the offences punishable under Sections 189(3), 191(2), 191(3), 109, 191, 115(2), 118(1), 351(1), 351(3), 352 and 190 of BNS on the basis of the first information dated 18.08.2024 received from Sudhakara, who is one of the injured victim in the present case.

4. During the course of investigation of the case, petitioner was arrested on 23.08.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against seven persons and petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner in S.C.No.100/2024 before the Jurisdictional Sessions Court was rejected on 19.02.2025. Therefore, the petitioner is before this Court.

5. Learned counsel for the petitioner submits that petitioner has no criminal antecedents and allegation against the petitioner is that he had assaulted Cws.1 and 2 who have suffered simple injuries in the incident in question. Allegation of assaulting deceased-Nanjundappa on his head is found only against accused Nos. 2 and 7, who are in custody. The other accused persons have been granted regular bail by the jurisdictional Sessions Court in the present case. Trial in the case is not yet commenced. Accordingly, he prays to allow the petition.

6. Per contra, learned High Court Government Pleader who has opposed the petition submits that there are eye- witnesses to the incident in question and specific overt acts are found against the petitioner. Accordingly, she prays to dismiss the petition.

7. Perusal of the material on record would go to show that, there is a civil dispute between the parties and it is in this background, the incident in question had taken place on 18.08.2024 at about 11.30 hours. Initially FIR was registered in the present case for offences punishable under Sections 189(3), 191(2), 191(3), 109, 191, 115(2), 118(1), 351(1), 351(3), 352 and 190 of BNS. Injured Nanjundappa who had sustained head injury, subsequently died on 19.08.2024 and thereafter, o