IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 14690 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI ARUN KUMAR

S/O A GOPAL

AGE ABOUT 32 YEARS R/A: No.22, 2^ND MAIN

KAYANAGARA, MOODALAPALYA

NAGARABHAVI

BENGALURU – 560 072. 2. SRI PRUTHVI RAJ U

S/O UMESH A C

AGE ABOUT 31 YEARS R/A No.58, 8^TH CROSS

J J GALAXY, SHIVANANDA NAGAR

MOODALAPALYA

BENGALURU – 560 072.

Digitally signed by …PETITIONERS

LAKSHMINARAYANA

MURTHY RAJA SHRI

Location: HIGH (BY SRI. SARAVANA S, ADVOCATE)

COURT OF

KARNATAKA

AND:

1. THE STATE OF KARNATAKA

BY CHANDRA LAYOUT POLICE STATION

CHANDRA LAYOUT BENGALURU – 560 040. REPT. BY THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU – 560 001.

…RESPONDENT

(BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION, ENLARGING THE PETITIONERS ACCUSED ON REGULAR BAIL IN CR.No.203/2025 OF CHANDRA LAYOUT P.S. BENGALURU PENDING BEFORE THE XLVI A.C.J.M BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS

189(2),191(2),115(2),352,109,103(1) R/W 190 OF BNS.

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.1 and 2 under Section 483 of BNSS praying to grant bail in Crime No.203/2025 of Chandralayout Police Station, Bangalore registered for offences punishable under Sections 189(2), 191(2), 115(2), 352, 109, 103(1) read with Section 190 of BNS.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for the petitioner would contend that the alleged assault by accused No.1 on the deceased is in sudden quarrel. In the said quarrel, the petitioner No.1 -accused No.1 assaulted the deceased with fist on his face and neck and he fell down and sustained injury to his head. There was no any intention on the part of the petitioner -accused No.1 to kill the deceased. The deceased, accused No.1 and C.W.2 were under intoxication as they had consumed alcohol. The doctor who conducted post mortem examination has opined that the death is due to injury to head. The allegation against accused No.2 is that he has assaulted C.W.2 near the hospital. C.W.2 in his statement has not stated the same. Accused No.6 who is similarly placed to that of accused No.2 has been granted bail by this Court. With this he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent -State would contend that the accused No.1 had assaulted the deceased on his face and neck and he fell down, sustained head injury and post mortem report indicate that cause of his death is head injury. C.W.2 to C.W.6 are eyewitnesses to the incident. The accused No.2 has assaulted C.W.2 in the hospital. The charge sheet materials shows prima facie case against the petitioners. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.

6. Cl.No.17 of the charge sheet indicates that there was quarrel between accused No.1, deceased and C.W.2 to C.W.4. Accused No.1 has secured accused Nos.2 to 6. Accused No.1 assaulted the deceased with fist on his face and neck and he fell down and sustained head injury due to fall on the ground. The charge sheet materials indicate that the accused No.1, deceased and C.W.2 had consumed alcohol and they were under intoxication. The cause of death of the deceased as per post mortem report is due to head injury. The petitioner No.1 -accused No.1 has not used any weapon to assault the deceased. The deceased died after 13 days of the incident in the hospital.

As the incident took place in sudden quarrel, it cannot be said at this stage that the petitioner –accused No.1 had intention to kill the deceased. There are no criminal antecedents of accused No.1.

7. The alle