Sri Vinay Kumar R Vs State of Karnataka

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGING THE PETITIONER ON BAIL IN CRIME NO.178/2025 REGISTERED BY RAJAGOPALANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 103 OF BNS PENDING BEFORE THE HONBLE 31^ST ACMM NRUPATHUNGA ROAD AT BENGALURU.

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NC: 2025:KHC:35999 CRL.P No. 10761 of 2025

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HC-KAR

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner/sole accused in Cr.No.178/2025 of

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Rajagopal Nagar Police Station registered for the offences punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 (for shot 'the BNS') has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail.

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Heard both sides and perused the material on

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record.

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Initially, UDR No.32/2025 was registered on 19.05.2025 at Rajagopal Nagar Police Station, regarding the unnatural death of one Rangaswamy, based on the complaint of his wife Smt.Pramila. On 21.05.2025, she lodged a complaint alleging that on 18.05.2025 at about 01.20 a.m., petitioner has quarreled with her husband and committed his murder.

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HC-KAR

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There are no eye witnesses to the incident. The

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case is based on circumstantial evidence. According to prosecution, the deceased was found lying near one Bhagyaraj Bar, on 18.05.2025 at about 03.00 a.m. On receiving the information from the police, the complainant and her son went to the spot and shifted him for treatment. However, he died in the hospital at 11.00 a.m., on 19.05.2025.

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Even though, the complaint was lodged against the petitioner on 21.05.2025, the source of information to implicate him as an accused in the complaint, is not forthcoming. It is stated that on an enquiry with the neighbors, complainant came to know that there was a quarrel between her husband and the petitioner on 18.05.2025 at about 01.20 a.m.

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The prosecution is relying on the statement of CW11 - Ranjeeth. It is contended by the learned High Court Government Pleader that after the incident, the petitioner has made an extra judicial confession before

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HC-KAR

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CW11. Thereafter CW11 went to the spot along with the accused and saw the victim lying with injuries. He contended that blood stained clothes are recovered from the petitioner and therefore, there is a prima-facie case against him.

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Petitioner is alleged to have made an extra judicial confession before CW11 on 18.05.2025. However, CW11 has not disclosed the matter to anyone including the complainant. In the complaint, name of CW11 is not mentioned, as the one who informed the complainant about the petitioner quarreling and assaulting the deceased.

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The veracity of the statement of CW11 has to be tested during the trial. According to prosecution, deceased was addicted to alcohol and on the date of the incident, he was sitting in an auto-rickshaw, out side one Bhagyaraj Bar. When he saw the petitioner, he started abusing him and picked up quarrel. In the said incident, petitioner is alleged to have assaulted the deceased. As

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HC-KAR

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per the Postmortem report, cause of death is due to head injury sustained.

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Petitioner was arrested on 21.05.2025. The

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investigation is completed and charge sheet is filed. Petitioner has no criminal antecedents. In the facts and circumstances, by imposing suitable conditions, petitioner can be enlarged on bail. Hence, the following:

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ORDER

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Petition is allowed .

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Petitioner / sole accused in Cr.No.178/2025

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registered by Rajagopalanagar police station, Bangalore pending before the learned 31^st Additional CMM Court, Nrupatunga road, Bengaluru city, shall be released on bail subject to following conditions:

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a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court;

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NC: 2025:KHC:35999 CRL.P No. 10761 of 2025

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