SHIVAKUMAR D v. STATE BY SRIRANGAPATNA TOWN POLICE

(BY SRI. RAJU C N., ADVOCATE) AND: STATE BY SRIRANGAPATNA TOWN POLICE MANDYA, REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001. (BY SRI.VINAY MAHADEVAIAH, HCGP.) …PETITIONER …RESPONDENT THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.266/2025 OF SRIRANGAPATNA TOWN POLICE MANDYA, ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT S.R.PATNA FOR THE OFFENCE PUNISHABLE UNDER SECTION 105, 352, 351(2), 238(B), 240 R/W 3(5) OF BNS BY ALLOWING THIS PETITION. HC-KAR - 2 - NC: 2026:KHC:39385 CRL.P No. 7064 of 2026 CNR: KAHC010336102026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

#1. Accused No.1 in Crime No.266/2025 registered by Srirangapatna Police Station, Mandya, for offences punishable under Section 105, 352, 351(2), 238(b), 240, 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail.

#2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for respondent-State.

#3. FIR in Crime No.266/2025 was registered by Srirangapatna Police Station for the offences punishable under Sections 103(1), 238(a), 239, 3(5) of BNS, 2023 against the petitioner and three others, based on the first information dated 20.11.2025 received from Smt. Savitha, HC-KAR - 3 - NC: 2026:KHC:39385 CRL.P No. 7064 of 2026 CNR: KAHC010336102026 mother of the deceased, Shashank Gowda. In the said case, petitioner was arrested on 21.11.2025 and remanded judicial custody. After completing investigation, charge sheet has been filed for the aforesaid offences against four persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Criminal Misc.No.5131/2026 was rejected on 28.04.2026. Therefore, he is before this Court.

#4. In the alleged incident that had taken place on

18.11.2025, petitioner allegedly had assaulted Shashank Gowda with his hands and dropped him on the ground. In respect of the said incident that had taken place on

18.11.2025, FIR was registered on 20.11.2025, which is after a delay of nearly 2 days. During the course of investigation, petitioner and other accused persons were arrested and remanded to judicial custody. In the charge sheet, which is filed after completing investigation, it is alleged that after the petitioner had assaulted Shashank HC-KAR - 4 - NC: 2026:KHC:39385 CRL.P No. 7064 of 2026 CNR: KAHC010336102026 Gowda on 18.11.2025, accused Nos.2 to 4 along with CW- 2 took Shashank Gowda to the hospital in a scooter which belonged to accused No.3 and accused No.4 made the injured to sit on the scooter. Accused No.2 and CW-2 accompanied them in another scooter. On their way to the hospital at Pandavapura Road in Kiranguru Village, a lorry intercepted their two wheeler and thereafter, accused Nos.2 and 4 got down from the scooter, in which Shashank Gowda was sitting, and quarreled with the driver of the lorry. Meanwhile, Shashank Gowda, who was sitting on the scooter had collapsed to the ground and therefore, accused Nos.2 and 3 once again lifted him from the ground and took him to the hospital in their scooter. In the said hospital, the doctor had declared that Shashank Gowda had died. Therefore, they had brought his dead body to his house and informed his mother and other relatives that Shashank had fallen down from the scooter after consuming alcohol and had died. HC-KAR - 5 - NC: 2026:KHC:39385 CRL.P No. 7064 of 2026 CNR: KAHC010336102026

#5. Though FIR was registered for offence punishable under Section 103 of BNS, 2023, charge sheet is now filed for offence punishable under Section 105 of BNS, 2023.

#6. Considering the said aspect of the matter and also the nature of allegations found in the first information as well as in the charge sheet, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.266/2025 registered by Srirangapatna Police Station, Mandya, for offences punishable under Section 105, 352, 351(2), 238(b), 240, 3(5) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety for HC-KAR - 6 - NC: 2026:KHC:39385 CRL.P No. 7064 of 2026 CNR: KAHC010336102026 likesum, the satisfaction of 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 prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not 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 DM LIST NO.: 1 SL NO.: 43