Ganesh @ Vignesh Vs the State of Karnataka

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NC: 2025:KHC:1263 CRL.P No. 13292 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13292 OF 2024

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BETWEEN:

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GANESH @ VIGNESH, S/O BALAKRISHNA, AGED ABOUT 29 YEARS, RESDENT OF NO. 1/173, NEAR BABU REDDY GODOWN, C K PALYA LAKSHMI LAYOUT, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 562 106.

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…PETITIONER

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(BY SRI. A N RADHAKRISHNA., ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY BANNERGHATTA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI.RANGASWAMY.R., HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.163/2024 OF BANNERGHATTA POLICE FOR THE OFFENCE P/U/S 302, 307, 504, 506 R/W 34 OF IPC NOW PENDING ON THE FILE OF III ADDL.CIVIL JUDGE AND J.M.F.C ANEKAL.

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NC: 2025:KHC:1263 CRL.P No. 13292 of 2024

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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This petition for bail is preferred by accused No.2 in Crime No.163/2024 of Bannerghatta Police Station, Bengaluru, registered for offences punishable under Section 302, 504, 506 read with Section 34 of IPC.

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FIR is registered on a complaint lodged by one

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Druvaraj, working as a cashier at one S.K.R. Bar & Restaurant situated near Kalkere Bus Stand, Jigani, Anekal Taluk. Charge sheet is filed for offences punishable under Sections 302, 307, 504, 506 and read with Section 34 of IPC.

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Heard the learned counsel for petitioner and learned HCGP for respondent - State and perused the material on record.

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Complaint averments reveal that on 26.06.2024 at about 5:45 p.m, six persons came to the bar &

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NC: 2025:KHC:1263 CRL.P No. 13292 of 2024

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restaurant and consumed alcohol. Out of them four persons went away. When the complainant asked the remaining two persons to pay Rs.120/-, they abused and picked up quarrel with him. Further, the said accused picked up quarrel with the deceased Harshavardhana and his friend(C.W-2) who were having drinks in the said bar and restaurant and accused No.1 took a knife and stabbed the deceased. Accused No.2 assaulted on his head with a beer bottle and with an empty crate. Again accused No.1

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stabbed with the knife on his abdomen back etc., on account of which the deceased sustained grievous injuries and died at the spot.

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Both accused Nos.1 and 2 came to be arrested on the same day and blood stained cloths, knife, broken bottle etc., were seized.

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Petitioner is arraigned as accused No.2. He approached the learned Sessions Court for bail. His petition came to be dismissed vide order dated 19.11.2024 in Crl.Misc.No.5513/2024.

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NC: 2025:KHC:1263 CRL.P No. 13292 of 2024

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Learned HCGP has contended that C.Ws-1, 2, 3,

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13 and 16 are the eye witnesses to the incident and they all have stated that petitioner has assaulted the deceased with a bottle on his head and with the crate. The deceased has sustained 15 injuries and from the petitioner herein, blood stained cloths such as pant, shirt and jerkin have been recovered. He contended that, in view of the statement of the eye-witnesses there is a prima-facie against the petitioner and therefore, he is not entitled for bail.

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Learned Counsel for petitioner has contended that the incident has taken place in a sudden quarrel and the petitioner has not used any deadly weapon. Petitioner has no criminal antecedents and his further detention in custody is not required. He has submitted that the petitioner is ready and willing to abide by any conditions and accordingly sought to enlarge the petitioner on bail.

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The deceased is admittedly a stranger to the accused persons. The incident took place on account of

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NC: 2025:KHC:1263 CRL.P No. 13292 of 2024

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quarrel. According to the prosecution both accused Nos.1 and 2 went to the bar & restaurant to consume liquor and when C.W-1 cashier of the bar asked them to pay Rs.120/- towards bill charges, they quarreled with him and

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also quarreled with deceased Harshavardhana and his friend(C.W-2) by name Raghu asking them why they are staring at them. It appears that without any provocation, the accused persons quarreled with the deceased and his friend. However, what is required to be seen is that the

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allegation of stabbing the deceased with the knife is attributed against accused No.1. Insofar as the petitioner is concerned it is alleged that he has assaulted the deceased with a beer bottle on his head. I have perused the postmortem report wherein, the cause of death is on account of shock and haemorrhage as a result of multiple stab injuries sustained to the chest and abdomen. There are about 15 injuries sustained by the deceased, out of which one injury measuring about 3cm x 0.3cm subcutaneous tissue deep to 5cm x 0.5cm is seen present over the top and back of the head. The specific allegation

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NC: 2025:KHC:1263 CRL.P No. 13292 of 2024

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of stabbing the deceased with the knife is against accused No.1. Cause of death is consequent to the injuries caused by accused No.1 with knife. The prosecution has to establish in the trial that even the petitioner herein has shared a common intention along with accused No.1 to commit the murder of deceased. Petitioner has no criminal antecedents. Investigation is completed and charge sheet is filed. Hence by imposing stringent conditions, relief sought by the petitioner can be granted. Accordingly, the following:

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ORDER

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i) Petition is allowed .

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ii) Petitioner/accused No.2 in Crime No.163/2024

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of Bannerghatta Police Station, Bengaluru District, shall be enlarged on bail subject to following conditions:

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

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