Arun Kumar. S @ Boda Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

Arun Kumar. S @ Boda Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner No.4/accused No.8 (Sanjeevarayalu @ Sanjiva) enlarged on bail in Crime No.91/2025 of Hosamane Police Station on executing a personal bond of Rs.1,00,000 with one surety for the like-sum, subject to conditions: (ii) not to tamper with prosecution witnesses directly or indirectly; (iii) to appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal; (iv) not to involve in commission of any offence, failing which the prosecution may seek cancellation of bail. The petitions of petitioner Nos.1 to 3 (accused Nos.2, 3 and 5) were dismissed as withdrawn.

Issue for consideration

Whether the memo filed by learned counsel for petitioner Nos.1 to 3 (accused Nos.2, 3 and 5) seeking withdrawal of their bail petition should be accepted. +1 more

Court's answer

The Criminal Petition filed by petitioner Nos.1 to 3 / accused Nos.2, 3 and 5 stands dismissed as withdrawn pursuant to their memo.

Ratio / Principle

The Criminal Petition filed by petitioner No.4/accused No.8 is allowed and he is granted bail in Crime No.91/2025 of Hosamane Police Station, subject to conditions.

Key takeaways

There is no serious overtact against petitioner No.4/accused No.8 of assaulting the deceased with a weapon; the allegation of assault with knife is against accused No.1; the accusation against petitioner No.4 is that he, along with accused Nos.2 to 4 and 9, surrounded the deceased, prevented him from moving, assaulted him with hands and abused him in filthy language.ratio¶¶43
Although petitioner No.4/accused No.8 is stated to be involved in fourteen (14) cases, the details of those cases were not furnished; this did not preclude the grant of bail.ratio¶¶46

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Shivashankar Amaranannavar, J.), 24-11-2025, CRL.P No.14503 of 2025 under S.439 Cr.P.C / S.483 BNSS. Bail sought by four accused in Crime No.91/2025 of Hosamane Police Station, Bhadravathi (incident 05.05.2025; charge sheet under Ss.103(1), 189(2), 189(4), 191(2), 191(3), 190, 238, 54 - printed 'of IPC' - corresponding provisions Ss.302, 142, 144, 147, 148, 201, 114 r/w S.149 IPC), trial pending in C.C.No.5555/2025, III Addl. Civil Judge & JMFC, Bhadaravathi. Petitioner Nos.1-3 (accused Nos.2, 3, 5): dismissed as withdrawn on memo. Petitioner No.4/accused No.8 (Sanjeevarayalu @ Sanjiva): conditional bail granted - no serious overtact of weapon assault against him, the knife assault being alleged against accused No.1, his alleged role being confined to surrounding the deceased, hand assault and filthy abuse; he sustained injuries, his complaint registered as Crime No.92/2025, treated in Government Hospital; in judicial custody since 07.05.2025; charge sheet filed so custodial interrogation not required; bail granted even though stated to be involved in fourteen (14) cases, details unfurnished. Conditions: personal bond Rs.1,00,000 with one surety for like-sum; no direct/indirect tampering with prosecution witnesses; appearance before trial Court on all hearing dates; no fresh offence (else prosecution may seek cancellation).

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14503 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

ARUN KUMAR S. @ BODA S/O LATE SHIVANNA, AGED ABOUT 21 YEARS, OCC:LABOURER, R/O.NEAR VEERANJANEYA TEMPLE, HANUMANTHA NAGARA, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT -577 301.

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

KUMARA H. @ KOKKU KUMAR, S/O LATE HANUMANTHAPPA, AGED ABOUT 19 YEARS, OCC: LABOURER, R/O.NEAR MUTTU MARIYAMMA TEMPLE, 4^TH CROSS, HANUMATHA NAGARA, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT - 577 301.

DARSHAN @ INGLISH S/O ESHA, AGED ABOUT 21 YEARS, OCC : LABOURER, R/O. 6^TH CROSS, LEFT SIDE, BHOVI COLONY, HOSAMANE EXTENSION, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT - 577 301.

SANJEEVARAYALU @ SANJIVA, S/O MARAPPA, AGED ABOUT 26 YEARS, OCC:LABOURER,

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R/O. KOMARANAHALLI VILLAGE, PAVAGADA TALUK, TUMAKURU DISTRICT - 561 202.

…PETITIONERS

(BY SRI. P.B. UMESH, ADVOCATE FOR SRI. RAVINDRA B. DESHPANDE, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY HOSAMANE POLICE STATION, BHADRAVATHI TOWN CIRCLE, SHIVAMOGGA DISTRICT -577 301.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001.

…RESPONDENT

(BY SMT. PUSHPALATHA B., ADDITIONAL SPP)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.91/2025 OF HOSAMANE POLICE STATION, BHADRAVATHI TOWN CIRCLE, SHIVAMOGGA DISTRICT (CHARGE SHEET FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 189(2), 189(4), 191(2), 191(3), 190, 238, 54 OF IPC (CORRESPONDING PROVISION SECTIONS 302, 142, 144, 147, 148, 201, 114 READ WITH SECTION 149 OF IPC) NOW PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, BHADARAVATHI IN C.C.NO.5555/2025 PENDING THE TRIAL.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused Nos.2, 3, 5 and 8

under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.91/2025 of Hosamane Police Station, Bhadravathi, registered for offences punishable under Sections 103(1), 189(2), 189(4), 191(2), 191(3), 238 and 54 of IPC.

Learned counsel for petitioners has filed a memo seeking withdrawal of the petition filed by accused Nos.2, 3 and 5.

Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State.

Learned counsel for petitioners would contend that, there is no serious overtact is alleged against

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petitioner No.4/accused No.8. The serious overtact is alleged against accused No.1 who has assaulted the deceased with knife on his stomach. The postmortem report indicates that, the death of the deceased due to stab injury. The accusation against petitioner No.4 is that, he along with accused Nos.2 to 4 and 9 surrounded the deceased and made him not to move from that place and assaulted with hands. Petitioner No.4 has also sustained injury in the incident and he has also filed a complaint and it came to be registered in Crime No.92/2025. Petitioner No.4 took treatment in Government Hospital. As the charge sheet is filed, petitioner No.4 is not required for custodial interrogation. PetitionerNo.4 is in judicial custody since 07.05.2025. With these, he prayed to allow the petition.

Per contra, learned Additional State Public Prosecutor for respondent would contend that, C.W.3 to C.W.9 are eyewitnesses to the incident. Petitioner No.4/accused No.8 was present on the date of offence on

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the spot and he along with accused Nos.2 to 4 and 9 surrounded the deceased and made him not to move from that place and assaulted with hands. Petitioner No.4 is involved in commission of theft and he is having criminal antecedents. With these, she prayed for dismissal of the petition.

Having heard the learned counsels appearing

for parties, the Court has perused the charge sheet and other materials placed on record.

The incident has taken place on 05.05.2025 at 8.30 p.m. The accusation against accused Nos.2 to 4, 9 and petitioner No.4/accused No.8 is that, they surrounded the deceased and made him not to move from that place and assaulted him with hands and abused in filthy language. There is no serious overtact against petitioner No.4 of assaulting the deceased with weapon. The allegation of assault with knife is against accused No.1. Petitioner No.4 has also filed a complaint and it came to be registered in Crime No.92/2025 and he has also sustained

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injuries in the incident. Even though, petitioner No.4/accused No.8 is stated to be involved in fourteen (14) cases and the details of the same are not furnished.

Considering all the above aspects,

petitionerNo.4/accused No.8 has made out a case for grant of bail with conditions. In the result, the following;

ORDER

a) The Criminal Petition filed by petitioner Nos.1 to

3/accused Nos.2, 3 and 5 is dismissed as withdrawn.

b) The Criminal Petition filed by petitioner No.4/accused No.8 is allowed . The petitioner

No.4/accused No.8 is granted bail in Crime No.91/2025 of Hosamane Police Station, subject to following conditions:

i) Petitioner No.4/accused No.8 shall execute a personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.

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ii) Petitioner No.4/accused No.8 shall not tamper the prosecution witnesses either directly or indirectly.

iii) Petitioner No.4/accused No.8 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for the speedy disposal of case.

iv) Petitioner No.4/accused No.8 shall not involve in commission of any offence. If he found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

KLV

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