Amal @ Arun Mohan M S Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

Amal @ Arun Mohan M S Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; petitioner (accused No.6) ordered to be released on bail in the event of his arrest in Crime No.244/2024 of Hennur Police Station, Bengaluru, subject to conditions: execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum; appearance before the jurisdictional Court within 15 days; no direct or indirect tampering with prosecution witnesses; regular attendance at trial unless exempted; and abstention from commission of any offence, failing which the prosecution may seek cancellation of bail.

Issue for consideration

Whether the petitioner (accused No.6) is entitled to anticipatory bail in Crime No.244/2024 and SC.No.157/2025 registered by Hennur P.S. for the offences punishable under Sections 143, 323, 324, 307, 504, 506, 149 IPC, with Section 302 IPC invoked after the death of the injured.

Court's answer

On a perusal of the material on record, the allegation of assaulting the deceased Uday Kumar with a plastic pipe is against accused No.1, while the other accused persons have assaulted the deceased with their hands and legs.

Ratio / Principle

The petitioner (accused No.6), undisputedly, is not having any criminal antecedents.

Key takeaways

The petitioner is similarly placed to that of the other accused who have been granted bail.ratio¶42
Considering the absence of criminal antecedents and the petitioner's parity with the co-accused already granted bail, the petitioner is entitled to grant of anticipatory bail on the ground of parity.ratio¶42

Detailed headnote1 paragraphs

Oral order of the High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice Shivashankar Amarannavar, dated 14.11.2025) allowing CRL.P No. 11201 of 2025, filed by Amal @ Arun Mohan M S (accused No.6) under Section 482 BNSS seeking anticipatory bail under Section 438 Cr.P.C in Crime No.244/2024 and SC.No.157/2025 of Hennur P.S., Bengaluru. The FIR (first information dated 20.05.2024 from Mathew.J., the injured) initially targeted unknown persons for Sections 323, 324, 307, 504, 506, 149 IPC; after investigation the petitioner was arrested and remanded, and a charge sheet against six persons listed Sections 143, 323, 324, 307, 504, 506, 149 IPC; when injured Udaykumar, admitted in hospital, died on 26.09.2024, Section 302 IPC was invoked and an additional charge sheet was filed. The trial is pending before the 4th Addl. City Civil and Sessions Judge, Mayo Hall, CCH-21, Bengaluru. The petitioner's earlier anticipatory-bail application (Crl.Misc.No.25470/2025) had been rejected by the Sessions Court on 15.07.2025. The Court observed that the allegation of assaulting the deceased with a plastic pipe lay against accused No.1, the remaining accused allegedly having assaulted with hands and legs; that the petitioner had no criminal antecedents; and that he was similarly placed to co-accused Nos.2-5 already granted bail by this Court (bail to accused No.5 having been granted in Crl.P.No.2369/2025, order dated 17.03.2025). On the ground of parity, the petition was allowed: release on bail in the event of arrest, on a personal bond of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, subject to appearance before the jurisdictional Court within 15 days, non-tampering with prosecution witnesses, regular attendance at trial unless exempted, and abstention from fresh offences, failing which cancellation of bail may be sought.