Accused No.4 in a case under Sections 115(2), 118(1), 352 and 103(1) BNS sought regular bail after the injured died post-assault. The court noted the alleged assault was not on a vital part, charge sheet was filed, custody since May 2025, no antecedents, and granted bail with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:2886 CRL.P No. 13090 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 13090 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
…PETITIONER (BY SRI. LOKESH R, ADVOCATE FOR SRI SHIVA KUMAR.,ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI.M.R.PATIL, HCGP)
NC: 2026:KHC:2886 CRL.P No. 13090 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.131/2025 AND CC NO.904/2025 FOR ALLEGED OFFENCES UNDER SECTIONS 115(2), 118(1), 352, 103(1) OF BNS, REGISTERED BY RESPONDENT/ BAGEPALLI P.S, CHIKKABALLAPURA, NOW PENDING ON THE FILE OF HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA.
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 No.4 under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, praying to grant bail in Crime No.131/2025 of Bagepalli Police Station registered for the offences punishable under Sections 115(2), 118(1), 352, 103(1) of BNS.
learned High Court Government Pleader for
respondent/State.
contend that earlier a FIR came to be registered for the offences punishable under Sections 115(2), 118(1) and
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352 of BNS, and the petitioner has been granted bail by the learned Judicial Magistrate First Class on 21.04.2025. Thereafter, the injured person died on 22.04.2025, and the offence punishable under Section 103(1) of BNS has been included, and the petitioner has been arrested on 04.05.2025, and since then, he is in judicial custody. The deceased had sustained injury to his right hip joint. The post mortem report indicates that the cause of death is No.1 - sepsis, No.2 - secondary to fracture of right thigh bone. The alleged incident has taken place on 09.04.2025 and the injured died on 22.04.2025. The injury allegedly caused by the petitioner was not the cause of the deceased’s death. Therefore, the offence under Section 103(1) is not attracted. The petitioner is in judicial custody since 05.05.2025 and as the charge is filed, the petitioner is not required for custodial interrogation. The petitioner is the cousin brother of the deceased, and civil disputes relating to property are pending between the parties. The
NC: 2026:KHC:2886 CRL.P No. 13090 of 2025
HC-KAR
petitioner is not having any criminal antecedents. With this, he prayed to allow the petition.
Pleader for respondent/State would contend that the Medico Legal Register contains that only one person has assaulted the injured. CWs.2 and 4 to 6 are the eye witnesses to the incident. In the incident, the deceased sustained an injury to his right hip joint, for which he took treatment in the hospital, and he subsequently died on 22.04.2025. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.
has perused the charge sheet and other materials placed on record.
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hands and a club. The deceased sustained an injury to his right hip joint and took treatment in the hospital. The deceased died on 22.04.2025. The incident had taken place on 09.04.2025. The post mortem report indicates that the cause of death is No.1- sepsis and No.2 - secondary to fracture of right thigh bone.
has made out a case for grant of bail with conditions.
NC: 2026:KHC:2886 CRL.P No. 13090 of 2025
HC-KAR
In the result, the following:
ORDER i) The petition is allowed.
ii) The petitioner is granted bail in Crime
No.131/2025 of Bagepalli Police Station registered for the offences punishable under Sections 115(2), 118(1), 352, 103(1) of BNS subject to following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Trial Court.
b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
c) The petitioner shall appear before the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 2 Sl No.: 7
1 issue framed by the court
Whether accused No.4 should be granted bail where the alleged injury was not on a vital part and whether Section 103(1) BNS is attracted is a trial question.
5 provisions across 2 enactments
Venkatesh
State of Karnataka by SHO, Bagepalli PS
Nandeesh
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
