Criminal Petition No. 8083 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25082 CRL.P No. 8083 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8083 OF 2025 BETWEEN: SRI SARAVANA K @ SARAVANAN S/O SRI KANDASWAMY AGED ABOUT 49 YEARS RESIDING AT NO.75 BELUR AMBEDKAR NAGAR VARTHUR HOBLI BANGALORE - 560 037. (BY SRI BHUVANENDRA RAJU P, ADV.) AND:
Facts
STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION MARATHAHALLI SUB DIVISION BANGALORE CITY, REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
Legal Reasoning
regular bail by this Court in Crl.P.No.2948/2025 disposed of on 19.03.2025. In so far as the other accused persons are concerned, there are no serious allegations against them in the - 5 - NC: 2025:KHC:25082 CRL.P No. 8083 of 2025 HC-KAR charge sheet, and therefore, accused nos.4 to 8 who are ladies have been granted regular bail by this Court in Crl.P.No.12081/2024. 7. In so far as the petitioner is concerned, in the first information itself it is stated that he had assaulted the deceased with an iron spade on his head. Deceased who was injured in the incident in question had subsequently died in the hospital. CWs-2 & 3 who are the eye-witnesses to the incident in question have clearly stated that it was accused no.1 who had assaulted the deceased on his head with an iron spade. The postmortem of the deceased would go to show that deceased had suffered two fractures on his skull as a result of the assault on his head with an iron spade. Therefore, the contention of the learned Counsel for the petitioner that injury was caused to the deceased when he accidentally came in contact with the iron spade which the petitioner was carrying, cannot be believed. Merely for the reason that investigation of the case is completed and charge sheet has been filed, the prayer made by the petitioner for grant of regular bail cannot be entertained, more so when the alleged eye-witnesses clearly - 6 - NC: 2025:KHC:25082 CRL.P No. 8083 of 2025 HC-KAR state that the assault was made on the head of the deceased by the petitioner with the iron spade and when the postmortem report reflects that injuries suffered on the head of the deceased was the cause for his death. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail cannot be entertained at this stage. Accordingly, petition is dismissed with liberty to the petitioner to renew his bail application before the Trial Court after the alleged eye-witnesses are examined before the Trial Court. KK Sd/- (S VISHWAJITH SHETTY) JUDGE
Arguments
(BY SMT. RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT TO ALLOW THIS CRL.P AND THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CASE BEARING SC.NO.625/2025, NOW PENDING ON THE FILE OF THE HONBLE CITY CIVIL AND SESSIONS JUDGE, AT MAYO HALL, BANGALORE (CCH-29) EARLIER IN CC.NO.75295/2024, WHICH WAS PENDING ON THE FILE OF 29th ACJM COURT, AT MAYO HALL, BANGALORE CITY, ARISING OUT OF CR.NO.514/2024, ON THE FILE OF THE RESPONDENT POLICE IN MARATHALLI P.S., MARATHAHALLI SUB DIVISION, BANGALORE, FOR THE OFFENCES P/U/S 109,3(5),351(2),352 OF BNS ACT, 2023. ENLARGE - 2 - NC: 2025:KHC:25082 CRL.P No. 8083 of 2025 HC-KAR 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 S.C.No.622/2025 pending before the Court of IV Addl. City Civil & Sessions Judge, Mayohall, Bengaluru City, arising out of Crime No.514/2024 registered by Marathahalli Police Station, Bengaluru City, for the offences punishable under Sections 109, 55, 351(2), 352, 103, 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.514/2024 was registered by Marathahalli Police Station, Bengaluru City, initially for the offences punishable under Sections 109, 3(5), 351(2), 352 of BNS, 2023, against the petitioner and others based on the first information dated 24.09.2024 received from Mrs. Selvi - wife of deceased Vasudevan. During the course of investigation of the case, petitioner herein who was arrayed as accused no.1 in the FIR was arrested on 05.10.2024 and subsequently remanded to - 3 - NC: 2025:KHC:25082 CRL.P No. 8083 of 2025 HC-KAR judicial custody. After completing investigation, charge sheet has been filed against eight accused persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.25059/2025 was rejected on 13.02.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that all other accused except the petitioner, have been enlarged on bail in the present case. He submits that deceased had suffered an injury accidentally in the incident in question and the petitioner has not assaulted him with iron spade as alleged in the charge sheet. The iron spade which the petitioner was carrying, had accidentally come in contact with the deceased who had suffered injury and subsequently died in the hospital. Since there is a civil dispute between the parties, false allegation is now made against the petitioner. He has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that CWs-2 & 3 are the eye-witnesses to the incident in question. Deceased has died as a result of head injury and the - 4 - NC: 2025:KHC:25082 CRL.P No. 8083 of 2025 HC-KAR allegation of assaulting the deceased with an iron spade on his head, is as against petitioner alone and not against the other accused persons. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that there is a dispute between the family members of the accused and the family members of the deceased with regard to drawing up of a pipeline and it is in this background, accused no.3 and CW-2 who is the brother of the first informant had earlier fought against each other. In the charge sheet, it is alleged that on 23.09.2024 at about 10.30 p.m., the family members of the accused and the family members of the deceased had fought against each other and in the said incident, the allegation of assaulting deceased Vasudevan with an iron spade is as against accused no.1. Accused no.3 allegedly had handed over the iron spade to accused no.1, and accused no.2 had assaulted deceased Vasudevan with hands. It is under these circumstances, accused nos.2 & 3 were granted