IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 3728 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI MANJUNATH S/O LATE SRINIVASA

AGED ABOUT 46 YEARS

R/AT KRISHNAMURTHY HOUSE

5^TH CROSS, ANEPALYA BENGALURU- 560 027.

…PETITIONER

(BY SRI. NAYEEM PASHA S, ADVOCATE)

AND:

Digitally signed by

LAKSHMINARAYANA 1. THE STATE OF KARNATAKA

MURTHY RAJASHRI

BY ASHOK NAGAR POLICE STATION

Location: HIGH

COURT OF BANGALORE, REP. BY STATE PUBLIC PROSECUTOR

KARNATAKA

HIGH COURT OF KARNATAKA

BANGALORE - 560 001.

…RESPONDENT

(BY SMT. PUSHPALATHA B, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED

U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER BY GRANTING BAIL IN S.C.No.541/2024 OF CRIME No.479/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B,302,34 OF IPC WHERE IN THE PETITIONER HAS

ARRAYED AS ACCUSED No.1, PENDING BEFORE THE HON’BLE XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT 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 BNSS praying to grant bail in S.C.No.541/2024 arising out of Crime No.479/2023 of Ashoknagara Police Station registered for offences under Section 120B, 302 read with 34 of IPC pending on the file of Principal City Civil and Sessions Judge, Bengaluru (CCH-20).

2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State.

3. Learned counsel for petitioner would contend that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. Except recovery of knife and other articles there are no other circumstances against this petitioner. The petitioner is in judicial custody since 20.11.2023 and as the charge sheet is filed he is not required for custodial interrogation. The accused No.2 against whom overt act of assault is alleged, has been granted bail by this Court in Crl.P.No.5710/2024. The petitioner is not having any antecedents. The petitioner is having three daughters to look after. With this, he prayed to allow the petition.

4. Per contra, learned Additional SPP would contend that this petitioner on the date of incident had brought knife with which he assaulted the deceased. The P.M. Report indicates that the deceased sustained 27 injuries. The knife has been recovered at the instance of this petitioner. There is a prima-facie case against the petitioner for the offence alleged against him. With this she prayed for rejection of the petition.

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

6. As per charge sheet the case of the prosecution is that the deceased was classmate of the daughter of this petitioner and this petitioner had advised him in the year 2021 to leave the contact with his daughter otherwise he will kill. As the deceased continued his contacts with the daughter of this petitioner, the petitioner and accused No.2 conspired and on 20.11.2023 at 06.30 p.m., petitioner assaulted the deceased with knife and also assaulted him with cement brick on his head and accused No.2 assaulted the deceased with iron rod brought by him and committed murder. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. There is recovery of knife at the instance of this petitioner. There are no criminal antecedents of the petitioner. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstance at trial. The accused No.2, who has also taken part in assault of the deceased, has already been granted bail by this Court. Considering the above aspects, the petitioner has made out case for grant of bail with conditions in the result, the following:

ORDER:

The petition is allowed. The petitioner is granted bail in S