Vinod Gowda D @ Vinod Vs State of Karnataka

STATE OF KARNATAKA BY CHIKKABALLAPURA RURAL POLICE STATION CHIKKABALLAPURA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI AT BANGALURU, -PIN-560 001.

¶15

…RESPONDENT

¶16

(BY SMT. B PUSHPALATHA, ADDL. SPP)

¶17

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON

¶18

2 - NC: 2025:KHC:41557 CRL.P No. 10848 of 2025

¶19

HC-KAR

¶20

BAIL IN CRIME No.21/2025 OF CHIKKABALLAPURA RURAL POLICE STATION FOR AN OFFENCE U/S 103(1), 238 OF BHARATIYA NYAYA SANHITA (BNS)-2023, WHICH IS PENDING ON THE FILE OF HON’BLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA IN S.C. No.50/2025 AND ETC.,

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶23

ORAL ORDER

¶24

This petition is filed by accused No. 1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail in crime No. 21/2025 of Chikaballapura Rural Police Station registered for offences under Section 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 pending in S.C. No. 50/2025 on the file of III Additional District and Sessions Judge, Chikaballapura.

¶25

Heard learned counsel for petitioner and learned Additional SPP for respondent - State.

¶26

Learned counsel for petitioner would contend

¶27

that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial

¶28

3 - NC: 2025:KHC:41557 CRL.P No. 10848 of 2025

¶29

HC-KAR

¶30

evidence. One of the circumstances is that C.W.4 has seen

¶31

the accused persons and deceased together in a bar on 29.01.2025. Bike of accused No. 2 and his mobile has been recovered at the instance of accused Nos. 1 and 2 under mahazar. Dead body was found on 31.01.2025. As charge sheet is filed, petitioner is not required for further custodial interrogation. There are no criminal antecedents. With this, he prayed for grant of bail.

¶32

Per contra learned Additional SPP would

¶33

contend that petitioner and accused No. 2 have shown the place of offence and mahazar has been drawn. There is recovery of bike and mobile of accused No. 2 at the instance of accused Nos. 1 and 2 under mahazar. The PM report indicates that there are several injuries on the dead body of the deceased and cause of death is haemorrhagic shock and cut throat injury. Offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. Charge sheet material show prima

¶34

4 -

¶35

NC: 2025:KHC:41557 CRL.P No. 10848 of 2025

¶36

HC-KAR

¶37

facie case against the petitioner. With this, she prayed for dismissal of the petition.

¶38

Having heard the learned counsel for the

¶39

parties, this Court has perused charge sheet records.

¶40

There was enmity between accused No. 1 and

¶41

deceased Marutesh with regard to payment of bill for having consumed the liquor in the bar. Thereafter also there was a quarrel between petitioner and deceased and CW4 has pacified the said quarrel. After the said quarrel, deceased asked accused No. 1 to get him liquor. After purchase of the liquor, the accused Nos. 1, 2 and the deceased went to a spot for consuming liquor where again quarrel started between accused No. 1 and the deceased. Accused Nos. 1 and 2 assaulted the deceased with a broken beer bottle and caused his death. Entire case of the prosecution is based on circumstantial evidence. C.W.4 is stated to have last seen the petitioner and deceased together in the bar on 29.01.2025. Dead body has been found on 31.01.2025. There is recovery of bike at the

¶42

NC: 2025:KHC:41557 CRL.P No. 10848 of 2025

¶43

5 -

¶44

HC-KAR

¶45

instance of accused Nos. 1 and 2 belonging to accused No.

¶46

As charge sheet is filed, petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, petitioners have made out case for grant of bail with conditions.

¶47

In the result, the following;

¶48

O R D E R

¶49

Petition is allowed. Petitioner is granted bail in crime No. 170/2025 of 21/2025 of Chikaballapura Rural Police Station subject to the following conditions:

¶50

I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.

¶51