Dismissed¶48

Mr. Chethan D R v. the State of Karnataka

Bail – S.483 BNSS (filed under S.439 Cr.P.C.) – offence u/S.103 BNS

Karnataka HC27 Oct 2025CRL.P/10411/2025

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Case brief

AI extract

What is this about?

CRL.P No.10411 of 2025 (NC: 2025:KHC:42696), High Court of Karnataka, Shivashankar Amarannavar J., 27.10.2025 — regular bail under S.483 BNSS / S.439 Cr.P.C in S.C.No.73/2025 (Crime No.1045/2024, Madanayakanahally PS) for offence u/S.103 BNS; circumstantial case, last-seen witness CW.3 Dinesh, blood-stained clubs recovered under cot (FSL), 21 post-mortem injuries, mobile phones of deceased from petitioner's car, antecedents in Crime Nos.513/2016, 616/2018, 746/2024; bail refused, petition dismissed.

What did the court decide?

On consideration of the charge sheet materials, the Court found a prima facie case against the petitioner for the offences alleged against him. ¶42

Mr. Chethan D R Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, the sole accused in S.C.No.73/2025 (Crime No.1045/2024 of Madanayakanahally Police Station) for the offence punishable under Section 103 of BNS, is entitled to be enlarged on bail under Section 483 BNSS / Section 439 Cr.P.C. +1 more

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Court's answer

The petitioner is having criminal antecedents and is involved in three cases, i.e., Crime Nos.513/2016, 616/2018 and 746/2024.

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Ratio / Principle

On consideration of the charge sheet materials, the Court found a prima facie case against the petitioner for the offences alleged against him.

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Key takeaways

The offence alleged against the petitioner is punishable with death or imprisonment for life, a factor weighing against release on bail.ratio¶42
If the petitioner were granted bail, there were chances of his tampering with the prosecution witnesses and committing a similar offence.ratio¶42
In the result, the bail petition was dismissed.ratio

Detailed headnote1 paragraphs

Bail — S.483 BNSS (filed under S.439 Cr.P.C.) — offence u/S.103 BNS — sole accused sought bail in S.C.No.73/2025 arising from Crime No.1045/2024 of Madanayakanahally Police Station. Accusation: the petitioner, residing with the deceased, assaulted him with clubs on 16.12.2024 at 10.30 p.m. after tying his hands and legs and caused his death; C.W.3 Dinesh last saw the deceased and petitioner together; two clubs were recovered at the petitioner's instance hidden under a cot and were blood-stained per FSL report; post-mortem disclosed 21 injuries with death due to injuries; the deceased's mobile phones were recovered from the petitioner's car. Held: a prima facie case existed; the offence is punishable with death or imprisonment for life; the petitioner is involved in Crime Nos.513/2016, 616/2018 and 746/2024; if bailed, he was likely to tamper with prosecution witnesses and commit a similar offence; no grounds for bail having been made out (¶¶46-47), the petition was dismissed.

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NC: 2025:KHC:42696 CRL.P No. 10411 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10411 OF 2025 (439(Cr.PC) /

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483(BNSS)

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BETWEEN:

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MR. CHETHAN D R, AGED ABOUT 30 YEARS, S/O RAJANNA, RESIDING AT NO. DC GOWDRU HOUSE, NEAR DOMBARA HALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123, BENGALURU RURAL DISTRICT.

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…PETITIONER (BY SRI. PRAVEEN C., ADVOCATE) AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY, MADANAYAKANA HALLI POLICE STATION, BENGALURU-561 162, REPRESENTED BY THE S.P.P, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.73/2025 (CR.NO.1045/2025) FOR THE ALLEGED OFFENCE P/U/S 103 OF THE BNS ON THE COMPLAINT OF PRAVEEN NOW PENDING BEFORE THE COURT OF THE VI ADDL.DISTRICT AND SESSIONS JUDGE BENGLAURU RURAL DISTRICT BENGALURU.

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NC: 2025:KHC:42696 CRL.P No. 10411 of 2025

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HC-KAR

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under

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Section 483 of BNSS praying to grant of bail in S.C.No.73/2025 pending on the file of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of crime No.1045/2024 of Madanayakanahally Police Station registered for offence punishable under Section 103 of BNS.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for the respondent –State.

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Learned counsel for the petitioner would

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contend that there are no eyewitnesses to the incident and the case is based on circumstantial evidence. There is only

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a circumstance that one Dinesh has last seen the petitioner with the deceased at 10.30 p.m. on the date of incident and there is a recovery of two wooden logs at the

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NC: 2025:KHC:42696 CRL.P No. 10411 of 2025

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HC-KAR

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instance of this petitioner from spot found kept under the cot. Out of 21 injuries noted in the post-mortem report are not on any vital part. As the charge sheet is filed, this petitioner –accused is not required for custodial interrogation. With these, he prayed to allow the petition and grant bail to the petitioner –accused.

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Per contra , learned High Court Government Pleader for the respondent –State would contend that post-mortem report indicate 21 injuries on the dead body of the deceased and the cause of death is shown as due to injuries sustained. The deceased has been last seen with the petitioner at 10.30 p.m. on the date of incident by one Dinesh. There is a recovery of wooden logs at the instance of the petitioner from the spot kept hidden under the cot. The charge sheet materials shows prima facie case against the petitioner for offences alleged against him. Offence alleged against him is punishable with death or imprisonment for life. The petitioner is having criminal antecedents and he is involved in three cases i.e., Crime

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NC: 2025:KHC:42696 CRL.P No. 10411 of 2025

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HC-KAR

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Nos.513/2016, 616/2018 and 746/2024. If the petitioner

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is granted bail, there are chances of he tampering the prosecution witnesses, committing similar offence and flee from justice. With this, he prayed to reject the petition.

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Having heard learned counsels, the Court has

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perused the charge sheet and other materials placed on record.

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On perusal of charge sheet, the accusation against the petitioner is that he was residing in the house of the deceased. He used to consume liquor, smoke cigarette, and have food together. The deceased used to assault this petitioner and used to tell him to go out of the house and therefore, he had planned to commit his murder. On 16.12.2024 at 10.30 p.m. the petitioner assaulted the deceased with clubs on his body by tying his hands and legs and caused his death. C.W.3 -Dinesh is a witness who has seen the deceased and the petitioner together in the house of the deceased at 10.30 p.m. on 16.12.2024 and on the next morning the dead body of the

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5 - NC: 2025:KHC:42696 CRL.P No. 10411 of 2025

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HC-KAR

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deceased was found in the house. There is a recovery of two clubs at the instance of the petitioner from the house of the deceased, kept hidden under a cot. The post - mortem report indicates that the deceased has sustained 21 injuries. The doctor opined that the cause of death is due to injuries sustained. Two wooden logs seized at the instance of this petitioner are examined by the expert and in the FSL report it is noted that they are stained with blood. There is a recovery of mobile phones belonging to the deceased from the car of the petitioner. Considering all these aspects, there is a prima facie case against the petitioner for offences alleged against him. The offence alleged against the petitioner is punishable with a death or imprisonment for life. The petitioner is having criminal antecedents and he is involved in three cases i.e., Crime Nos.513/2016, 616/2018 and 746/2024. Considering the above aspects, if the petitioner is granted bail, there are chances of tampering the prosecution witnesses and

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NC: 2025:KHC:42696 CRL.P No. 10411 of 2025

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HC-KAR

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committing similar offence. The petitioner has not made

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any grounds for grant of bail.

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