Devappa Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT BENGALURU RURAL RAILWAY POLICE TO RELEASE THE PETITIONER / ACCUSED NO 1 IN CR.No.6/2025 IN SC NO

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NC: 2026:KHC:3727 CRL.P No. 16564 of 2025

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HC-KAR

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1025/2025 PENDING ON THE FILE OF THE LXIV ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-65) AT BENGALURU CITY.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the petitioner –accused

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No.1under Section 483 of BNSS praying to grant bail in Crime No.6/2025 of Bengaluru Rural Railway Police Station registered for offences punishable under Section 103 of BNS pending in S.C.No.1025/2025 on the file of LXIV Additional City Civil and Sessions Judge, (CCH-65), Bengaluru.

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Heard learned counsel for the petitioner and learned Additional SPP for respondent –State.

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Learned counsel for the petitioner would contend that the incident has taken place when deceased were travelling in the train. The FSL report indicates that the deceased had consumed alcohol. The allegation against the petitioner and another is that they pushed the

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HC-KAR

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deceased from the train and caused his death. C.W.1, who has filed complaint subsequently he is stated to be eye witness. But, he does not possess any train ticket to show that he has travelled on the day of incident. The petitioner is stated to be arrested from the same place from where they ran away. There are no criminal antecedents of the petitioner. The petitioner is in judicial custody since 13.02.2025. As charge sheet is filed, he is not required for further custodial interrogation. With this, he prayed to allow the petition.

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Per contra, learned Additional SPP for respondent –State would contend that the complainant himself has called emergency number 112 and intimated regarding the incident. The complainant is the eyewitness to the incident. He informed twice to the railway police. The complainant has identified the petitioner and another as the persons who pushed the deceased from the train in Test Identification Parade. The charge sheet materials show prima facie is a case against the petitioner for

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NC: 2026:KHC:3727 CRL.P No. 16564 of 2025

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HC-KAR

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offences alleged against him. With this , he prays to reject the petition.

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Having heard learned counsels, the Court has

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perused the charge sheet and other materials placed on record.

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As per charge sheet, the allegation against the petitioner and another accused is that when they were travelling in a train, they quarreled with the deceased and pushed him from the train and he fell down and died. The said deceased is an unknown person, aged between 35 to 40 years. The C.W.1 is stated to be eyewitness to the incident and subsequently he has filed a complaint. Immediately after the incident, he made a phone call to emergency number 112 and intimated about the incident. It is submitted that C.W.1 in his further statement has stated that he is not possessing any train ticket to show that he was travelling in the train on the date and time of the incident. The petitioner is in judicial custody since 13.02.2025. As the charge sheet is filed, the petitioner is

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HC-KAR

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not required for further custodial interrogation. There are no criminal antecedents of petitioner. Considering the above aspects, the petitioner has made out 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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ii) The petitioner is granted bail in Crime No.6/2025 of Bengaluru Rural Railway Police Station registered for offences punishable under Section 103 of BNS pending in S.C.No.1025/2025 on the file of LXIV Additional City Civil and Sessions Judge, (CCH-65), Bengaluru subject to following conditions:

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a) The petitioner –accused No.1 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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