Bail granted where accused shows no criminal history and incident arose from sudden provocation; court emphasizes individual circumstances and potential impact of continued detention.

ORAL ORDER

Accused in S.C.No.5008/2025 pending before the Court of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Cr.No.167/2024 registered by K.R.Sagar Police Station, Mandya, for offence punishable under Section 103(1) of BNS , 2023 is before this Court under Section 483 of BNS S, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Cr.No.167/2024 was initially registered by K.R.Sagar Police Station, Mandya, for the offences punishable under Section 103(1) of BNS 2023, against the petitioner herein, based on the first information dated

27.10.2024 received from Kumara, the father of the deceased.

4. During the course of investigation, the petitioner herein was arrested on 27.10.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court in S.C.No.5008/2025 was rejected on 02.04.2025. Therefore, petitioner is before this Court.

5. Learned counsel for the petitioner submits that incident in question has taken place in a spur of movement after the deceased had abused the mother of the petitioner using filthy language in front of the alleged eyewitnesses. The petitioner had no motive against deceased. The petitioner and deceased had both consumed alcohol prior to the incident in question.

Petitioner aged about 24 years has no criminal antecedents. Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP has opposed the petition. He submits that CW.2 to CW.5 are the alleged eyewitnesses to the incident in question who have clearly stated about the act committed by the petitioner. Deceased has suffered multiple injuries in the incident. In the event, petitioner is enlarged on bail he may tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition.

7. Perusal of the material on record would go to show that petitioner and the victim were close friends. They used to regularly consume alcohol together and as per the case of prosecution, deceased was in habit of abusing petitioner's mother after consuming alcohol. On the alleged date of incident, the petitioner and deceased had gone to the shop of CW.2 Nagaraja @ Vadda Naga for the purpose of eating fish after consuming alcohol. After the bill was paid by the deceased for the fish consumed by them, deceased allegedly spoke ill of petitioner's mother and the petitioner who got enraged, allegedly stabbed him with a knife which was used in the shop for cutting fish.

8. Undisputedly, the petitioner was not armed when he and deceased had arrived at the shop of CW.2 for the purpose of eating fish. It is only after deceased spoke ill of the petitioner's mother by using filthy language against her, petitioner allegedly assaulted deceased with a knife which was kept in the shop for cutting fish.

9. Therefore, prima facie it appears that incident in question had taken place in a spur of movement after the deceased spoke ill of the petitioner's mother used filthy language against her. Petitioner has no criminal antecedents and is in custody from 27.10.2024. Investigation of the case is completed and charge sheet has been filed. Trial in the case is yet to commence. The prosecution has cited 33 chargesheet witnesses in the present case. Continued detention of the petitioner in custody along with other hardcore criminals may have an adverse impact on his future prospects. Allegations found against the petitioner in the charge