Sri Suresh S Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.132/2025 ARISED OUT OF CR.NO.0012/2025 WHICH WAS REGISTERED BY THE THYAMAGONDLU POLICE, AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238 OF BNS, 2023 WHICH IS NOW PENDING BEFORE THE HONBLE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DIST, AT BENGALURU.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under

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Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.132/2025 (Crime No.12/2025 of Thyamagondlu Police Station) registered for the offences punishable under Sections 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned IX Additional District and Sessions Judge, Benngaluru Rural District.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent/State.

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NC: 2026:KHC:309 CRL.P No. 15283 of 2025

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HC-KAR

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The learned counsel for petitioner would

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contend that, the petitioner is the uncle of the deceased.

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There was a civil dispute between the petitioner and the deceased with regard to property. The petitioner is having nine brothers, and he will not get any benefit in case of death of the deceased. The quarrel with regard to starter of the bore well is a minor quarrel. It cannot be held to be motive for the murder of the deceased. CW2 and CW3 were stated to be the eye witnesses. They have not identified the petitioner as the driver of the car, which dashed to the motorcycle of the deceased. The petitioner is having the wife and children. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, she prayed to allow the petitioner.

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Per contra, the learned High Court Government

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Pleader for the respondent/State would contend that, there is a motive for the petitioner to kill the deceased. There were earlier quarrels between the petitioner and the

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NC: 2026:KHC:309 CRL.P No. 15283 of 2025

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HC-KAR

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deceased with regard to starter of a bore well. CW2 and CW3 are eye witnesses to the incident. CCTV footage of the incident has been collected. The post mortem report indicates that the deceased has sustained twelve injuries, and cause of his death is due to multiple injuries sustained. The charge sheet material also shows a prima facie case against the petitioner for the offences alleged against him. With this, she prayed to reject the petition.

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Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

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As per charge sheet, the case of prosecution is that, there was a quarrel between the petitioner and the deceased with regard to starter of a bore well, and with that grudge, the petitioner has dashed his Indica car to the motorcycle of the deceased, due to which, the deceased fell and sustained injuries and died on the same day.

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NC: 2026:KHC:309 CRL.P No. 15283 of 2025

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HC-KAR

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CW2 and CW3 are stated to be the eye witnesses to the said incident. They have only stated that, Indica car has dashed to the motorcycle and the rider of the motorcycle fell down and sustained injuries, and the driver of the car ran away from the spot. They have not identified the driver of the car.

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The petitioner is the uncle of the deceased, and there are disputes among them with regard to starter of motor of bore well. He is in judicial custody since 2005, and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner.

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9. Considering the above aspects, the petitioner

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has made out a case for grant of bail with conditions.

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In the result, the following:

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ORDER

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i) The petition is allowed.

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6 - NC: 2026:KHC:309 CRL.P No. 15283 of 2025

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HC-KAR

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ii) The petitioner is granted bail in SC

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No.132/2025 (Crime No.12/2025 of Thyamagondlu Police Station) registered for the offences punishable under Sections 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned IX Additional District and Sessions Judge, Benngaluru Rural District subject to following conditions.

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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 the Trial Court;

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b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly;

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c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case;

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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BKM List No.: 1 Sl No.: 5

Sri Suresh S v. State of Karnataka

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Sri Suresh S v. State of Karnataka

Case brief

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