Criminal Petition No. 6881 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22172 CRL.P No. 6881 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 6881 OF 2025 (439(Cr.PC) / BETWEEN: 483(BNSS)) 1. VISHWANATH B. R., S/O LATE RAMESH, AGED ABOUT 45 YEARS, RESIDING AT, No. 15, G STREET, 1ST MAIN, KUVEMPU NAGAR, NEW GUDDADAHALLI, MYSORE ROAD, BENGALURU CITY. KARNATAKA 560026 (BY SRI H. MANJUNATH, ADVOCATE) AND: …PETITIONER Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA 1. STATE OF KARNATAKA
Legal Reasoning
BY BYATARAYANAPURA POLICE STATION, BYATARAYANAPURA, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALOR-560001. …RESPONDENT
Legal Reasoning
(BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED HEREIN WHO IN S.C NO.1606/2024 ARISING OUT OF CRIME NO.296/2024 REGISTERED BY THE BYATARAYANAPURA POLICE STATION PENDING ON THE FILE OF HON'BLE COURT OF LXIV IS SOLE ACCUSED - 2 - NC: 2025:KHC:22172 CRL.P No. 6881 of 2025 HC-KAR ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COURT, BENGALURU (CCH-65). 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 in S.C.No.1606/2024 pending before the Court of LXIV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.296/2024 registered by Byatarayanapura Police Station, Bengaluru, for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') is before this Court in this bail application filed under Section 439 of Cr.P.C., (U/S.483 BNSS), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.296/2024 was registered by Byatarayanapura Police Station, Bengaluru, for the aforesaid offence against the petitioner on the basis of first information dated 08.09.2024 received from Sapna, who is the wife of deceased Venkatachalapathi Naidu V.K., and sister of the petitioner herein. During the course of investigation, petitioner herein was arrested on 09.09.2024 and subsequently - 3 - NC: 2025:KHC:22172 CRL.P No. 6881 of 2025 HC-KAR remanded to judicial custody. Charge sheet has been filed against him for the aforesaid offence. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2110/2025 was rejected on 02.04.2025. Therefore, the petitioner is before this Court seeking regular bail. 4. Learned counsel for the petitioner submits that the petitioner is a government servant working in BBMP and he has no criminal antecedents. The incident in question has taken place inside the house in a spur of the moment after the deceased had quarreled with the petitioner. The petitioner is suffering from mental illness and he has been treated for the same in NIMHANS and Spandana Hospitals, Bengaluru. Petitioner had no motive against the deceased, who is his brother-in-law. Hence, he prays to allow the petition. 5. Per contra, learned HCGP while opposing the petition submits that the first informant, who is the sister of the petitioner, is the eyewitness to the incident and in case the petitioner is enlarged on bail, he may tamper with the material witness. Hence, she prays to dismiss the petition. - 4 - NC: 2025:KHC:22172 CRL.P No. 6881 of 2025 HC-KAR 6. Perusal of the averments found in the first information which is submitted by Sapna, wife of deceased Venkatachalapathi Naidu and sister of the petitioner would go to show that she had married Venkatachalapathi Naidu about 15 years prior to the date of registering the FIR and was he residing with her husband. The petitioner who is her brother was unmarried and was staying alone in his house. The first informant sister used to occasionally stay in the house of the petitioner and on 08.09.2024, the petitioner allegedly had abused the first informant, who is his sister. She had informed the same to her husband over phone and her husband came to the house of the petitioner and thereafter there was a quarrel between the petitioner and her husband. The petitioner all of a sudden assaulted her husband with a knife and also with a Baseball Bat and committed his murder. 7. From the aforesaid averments found in the first information, it is apparent that petitioner had no ill-will or motive against his brother-in-law / deceased Venkatachalapathi Naidu. The incident in question had taken place in a spur of the moment after Venkatachalapathi Naidu came to the house of the petitioner and had quarreled with him for the reason that - 5 - NC: 2025:KHC:22172 CRL.P No. 6881 of 2025 HC-KAR he had abused his wife Sapna. The petitioner who is a government servant is in custody from 09.09.2024. The medical report of the petitioner summoned by this Court would go to show that he is diagnosed to have Schizophrenia and he has been taking treatment for the same at NIMHANS and Spandana Hospital, Bengaluru. It is not in dispute that the petitioner has no criminal antecedents. 8. Considering the background in which the incident in question has taken place and also the medical report of the petitioner, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following; (i)
Decision
The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.296/2024 registered by Byatarayanapura Police Station, Bengaluru, for the offence punishable under Section 103(1) of BNS, subject to the following conditions: - 6 - NC: 2025:KHC:22172 CRL.P No. 6881 of 2025 HC-KAR (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future; (e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE MV, List No.: 1 Sl No.: 47