IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10128 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

1. SADAN DAS S/O KRISHNA MOHAN DAS, AGED ABOUT 26 YEARS, PRESENT R/AT: NO 12, LEBAR SGED, KONAGHATTA VILLAGE, KASABA HOBALI, DODDABALAPURA TQ, BENGALURU RURAL DISTRICT- 561 205.

PERMANENT R/AT: KOMRA VILLAGE, SHAKUNTHALA POST, CHAKULIYA POLICE STATION LIMITS, UTTAR DINAJPUR, WEST BENGAL - 733 208.

2. SUHANTH SING S/O PAVAN LAL, Digitally signed by AGED ABOUT 22 YEARS, LAKSHMINARAYANA MURTHY RA JASHRI PRESENT R/AT: NO 12, LEBAR SGED, Location: HIGH COURT OF KONAGHATTA VILLAGE, KASABA HOBALI, KARNATAKA DODDABALAPURA TQ, BENGALURU RURAL DISTRICT- 561 205. PERMANENT R/AT: DUMUTOLA VILLAGE, SUKHANTOL POST, CHAKULIYA POLICE STATION LIMITS, UTTAR DINAJPUR, WEST BENGAL - 733 208.

…PETITIONERS (BY SRI. GIRISH R., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY DODDABALLAPURA RURAL POLICE STATION, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

…RESPONDENT (BY SMT. PUSHPALATH B., ADDITIONAL SPP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT DODDABALLAPURA RURAL POLICE TO RELEASE THE PETITIONER NOS.1 AND 2/ACCUSED NOS.3 AND 4 IN C.C.NO.7066/2024 IN CRIME NO.283/2024, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, DODBALLAPUR, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1)

READ WITH 3(5) OF BNS, 2023.

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 Nos.3 and 4 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.283/2024 of Doddaballapura Rural Police Station, registered for offences punishable under Section 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent -

State.

3. Learned counsel for petitioners would contend that, the incident has taken place in a sudden quarrel between accused No.1 and the deceased. As the deceased had expressed remorse against accused No.1 and his wife, accused No.1, being provoked and enraged by such act, has assaulted the deceased and in support of accused No.1, these petitioners have also assaulted the deceased. There was no any intention on the part of the accused persons to kill the deceased. The assault is by hands and legs and no weapon has been used. The incident has taken place on 08.09.2024 and deceased died on 11.09.2024. No external injury has been sustained by the deceased. The petitioners are in judicial custody since 23.09.2024. As the charge sheet is filed, the petitioners not required for custodial interrogation. There are no criminal antecedents of the petitioners. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioners have assaulted the deceased with hands and legs. The postmortem report indicates that, there are internal injuries on the stomach of the deceased. The doctor who conducted postmortem examination has opined that, hit by the hands over the abdomen can cause large intestine perforation. C.W.2 to C.W.6 are eye witnesses. The charge sheet materials show that, there is a prima-facie case against the petitioners for offences alleged against them. With these, she prayed to reject the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record.

6. The incident has taken place on 08.09.2024 at

08.00 p.m. when the deceased, C.W.2 to C.W.6 and accused Nos.1 to 5 were sitting and talking to each other. At that time, the deceased teased accused No.1 with regard his love affair with the wife of accused No.