Criminal Petition No. 7893 of 2025 · The High Court · 2025

Legal Reasoning

(BY SRI RANGASWAMY R., H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. (U/S 483 OF B.N.S.S.) PRAYING TO RELEASE ON REGULAR BAIL IN CRIME NO.64/2025 (CC.NO.16798/2025) PENDING BEFORE 7TH ADDL. CJM, BENGALURU PERTAINING TO THE YELAHANKA NEW TOWN POLICE STATION FOR THE OFFENCE P/U/S. 103, 3(5) OF B.N.S. ACT. - 2 - NC: 2025:KHC:23921 CRL.P No. 7893 of 2025 HC-KAR THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.64/2025 registered by Yelahanka Newtown Police Station, Bengaluru City, for the offences punishable under Sections 103(1) & 118(1) R/w 3(5) of BNS, 2023 is before this Court under Section 483 of BNS, 2023 seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.64/2025 was registered by Yelahanka Newtown Police Station, Bengaluru City initially for the offence punishable under Section 103 R/w 3(5) of BNS, 2023 against Ganesh Singh and the petitioner herein, on the basis of first information dated 24.02.2025 received from Smt. Padma, who is the mother of deceased Subramanya. During the course of investigation, the petitioner herein who was arraigned as accused No.2 in - 3 - NC: 2025:KHC:23921 CRL.P No. 7893 of 2025 HC-KAR the FIR was arrested on 24.02.2025 and subsequently remanded to judicial custody.

4. The bail application filed by the petitioner before jurisdictional Sessions Court Crl.Misc.No.2462/2025 was dismissed on 03.04.2025. Therefore, he is before this Court.

5. Learned counsel for the petitioner submits that, there is a case and counter case registered by the very same Police Station in respect of the alleged incident that had taken place on the night of 23.02.2025. She submits that, the deceased and his friend Bhuvan were aggressors in the present case and they had come near the house of accused persons armed with deadly weapons and had attempted to assault the accused in the present case. The petitioner has also sustained grievous injuries on his hand as a result of assault made by the deceased with the knife, which he had brought with him. Accordingly, she prays to allow the petition. - 4 - NC: 2025:KHC:23921 CRL.P No. 7893 of 2025 HC-KAR

6. Per contra, learned HCGP has opposed the petition. He submits that, there are multiple eye witnesses to the incident in question and therefore the petitioner is not entitled for the relief sought for by him.

7. The material made available to this Court by the learned counsel for the petitioner would go to show that, in respect of the alleged incident that had taken place on the night of 23.02.2025 there is a case and counter case registered by Yelahanka Newtown Police Station in Crime No.64/2025 and Crime No.65/2025. FIR in Crime No.64/2025 was registered against Ganesh Singh and others, based on information dated

24.02.2025 received from Smt. Padma, who is the mother of deceased Subramanya. In the said first information, she has stated that, her son Subramanya, who had gone out of the house on 23.02.2025 had not returned home and on the same day at about 9.30 p.m, she was informed that somebody had stabbed her son and he was shifted to Navachethana hospital. Immediately, she went to the - 5 - NC: 2025:KHC:23921 CRL.P No. 7893 of 2025 HC-KAR hospital and found dead body of her son and on enquiry she learnt that on 23.02.2025 at about 7.30 p.m, Ganesh Singh and his brother, who is the petitioner herein had quarreled with her son and thereafter at about 9.30 p.m, the said accused persons had allegedly stabbed her son with a knife and committed his murder. Undisputedly, the first informant in Crime No.64/2025 is not a eye witness to the incident in question.

8. FIR in Crime No.65/2025 has been registered for the offences punishable under Sections 109, 351(3) & 352 R/w 3(5) of BNS, 2023 against the deceased in the present case namely Subramanya and his friend Bhuvan and others, based on information dated

24.02.2025 received from Smt. Meena R, who is the maternal aunt of Ganesh Singh and Muralidhar Singh, who are named as accused in Crime No.64/2025.

9. In the first information submitted by Smt. Meena R, she has stated that, on 23.02.2025, Bhuvan, who came near their house allegedly had quarreled with - 6 - NC: 2025:KHC:23921 CRL.P No. 7893 of 2025 HC-KAR Ganesh Singh and thereafter he had telephoned to his friend and subsequently his friend Subramanya came near their house at about 7.30 p.m, along with others and Subramanya, who was armed with a knife allegedly threatened to commit murder of Ganesh Singh. Bhavan, who was armed with hockey stick allegedly abused Ganesh Singh and his brother Muralidhar Singh and at that time, the first informant and her younger sister, who is the mother of the Ganesh Singh and Muralidhar Singh allegedly tried to stop Subramanya and his friend from entering their house. However, Subramanya and his friend forcibly entered into the house and thereafter assaulted Muralidhar Singh with a knife on his hand and at that time Ganesh Singh allegedly snatched the knife from the hand of Subramanya and stabbed him.

10. From a reading of the first information of aforesaid two cases it is apparent that, the incident in question had taken place near the house of the petitioner herein and undisputedly in the said incident the petitioner - 7 - NC: 2025:KHC:23921 CRL.P No. 7893 of 2025 HC-KAR has suffered a injury on his hand. The said injury has not been explained by the prosecution. According to the learned counsel for the petitioner, the deceased was assaulted by the accused in the present case in self defence.

11. Be that as it may, the fact remains that the petitioner has no criminal antecedents. Investigation of the case is complete and charge sheet has been filed. There is a case and counter case in respect of the incident that had taken place on the night of 23.02.2025. The charges leveled against the petitioner in the charge sheet is required to the proved in a full-fledged trial. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

12. Accordingly, the following:

Decision

ORDER Criminal Petition is allowed. - 8 - NC: 2025:KHC:23921 CRL.P No. 7893 of 2025 HC-KAR The petitioner is directed to be enlarged on bail in Crime No.64/2025 registered by Yelahanka Newtown Police Station, Bengaluru City, for the offences punishable under Sections 103(1) & 118(1) R/w 3(5) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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 prosecution witnesses; d) The petitioner shall not involve in similar offences in future; NMS Sd/- (S VISHWAJITH SHETTY) JUDGE