Full Judgment Text
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NC: 2026:KHC:14469
CRL.P No. 12415 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 10 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 12415 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. BHARATH.H.N
S/O NAGARAJAMURTHY.H.K
AGED ABOUT 29 YEARS,
RESIDING AT HOLALU VILLAGE,
DUDDA HOBLI, MANDYA TALUK,
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
MANDYA DISTRICT
PIN CODE 571425
…PETITIONER
(BY SRI. RAJU C N.,ADVOCATE)
AND:
1. STATE BY MANDYA RURAAL POLICE,
MANDYA, REPRESENTED BY SPP,
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NC: 2026:KHC:14469
CRL.P No. 12415 of 2025
HC-KAR
HIGH COURT OF KARNATAKA
AT BANGALORE
PIN CODE NO 560001
…RESPONDENT
(BY SMT.ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.108/2025 OF MANDYA RURAL POLICE, MANDYA
ON THE FILE OF JMFC COURT AT MANDYA, FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 352, 115(2), 118(1), 126(2),
109, 103(1) R/W SEC.3(5) OF BNS, 2023 BY ALLOWING THIS
PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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CRL.P No. 12415 of 2025
HC-KAR
ORAL ORDER
1. The petitioner is arrayed as accused No.1
before this Court seeking for regular bail in Crime
No.108/2025 filed by the respondent/police for the
offences punishable under Sections 352, 115(2), 118(1),
126(2), 109, 103(1) read with Section 3(5) of Bharatiya
Nyaya Sanhita, 2023 pending on the file of the learned
JMFC Court, Mandya.
Factual matrix of the case:
2. The case of the prosecution is that the
complainant, Jeevan Kumar H K filed a complaint stating
that on 23.03.2025 around about 06.00 p.m., his
statement was recorded in the hospital. The said
statement would disclose that the complainant was
working as a coolie. On 22.03.2025 around about 06.00
p.m. his brother, Hemant Kumar H K and other friends of
the same village were playing Kabaddi. While they were
playing Kabaddi, Santhosh Das @ Chintu deliberately
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CRL.P No. 12415 of 2025
HC-KAR
kicked towards the riders/opposite side players. The
complainant asked him to remain quiet and instructed him
to play Kabaddi peacefully. By that time, the said
Santhosh Das @ Chintu started assaulting the
complainant. However, the said incident was pacified with
the intervention of the other players.
3. On the same day, around about 7:45 p.m.,
when the complainant was walking along with his brother
and another on road, accused No. 2 wrongfully restrained
him. In the meantime, accused No. 1 assaulted the
complainant with a knife on his rib. Simultaneously,
accused No. 3, Balasundar, tightly held his brother, Anant
Kumar. At that moment, accused No. 2 took the knife from
accused No. 1 and stabbed his brother, Hemant, on the
back. Thereafter, accused No. 4 assaulted his brother with
a wicket stick on his back. At that time, the other
eyewitnesses, namely Harshith, Jayaprakash Narayan,
Hindhudhara and Chandra, pacified the situation and they
have shifted the injured to Mandya MIMS Hospital. There,
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CRL.P No. 12415 of 2025
HC-KAR
the deceased was advised to go to Mysore for better
treatment. The deceased and his brother went to Mysore
for better treatment, there his statement was recorded
and FIR came to be registered against accused Nos.1 to 4
for the offences stated supra.
4. Based on the said complaint, the
respondent/police have registered a case, conducted the
investigation and submitted the charge sheet.
5. The submission of the learned counsel for the
petitioner is that, the petitioner is innocent of the alleged
offences and he has been falsely implicated in this case.
The petitioner was not at all present at the scene of
occurrence. However, he has been dragged into the case
unnecessarily. The petitioner is having no criminal
antecedents. Moreover, the grounds of arrest was not
furnished to the petitioner. Hence, the petitioner may be
enlarged on bail by imposing suitable conditions. Making
such submission, he prays to allow the petition.
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CRL.P No. 12415 of 2025
HC-KAR
Per contra
6. , the learned High Court Government
Pleader for the respondent/State vehemently submitted
that the petitioner has committed a heinous offence. He
has committed murder of the complainant and also caused
injuries to his brother. The entire case is based on the
evidence of eyewitnesses. If the petitioner is in enlarged
on bail, there may be chances of threatening the
prosecution witnesses. Therefore, it is appropriate to
reject the bail petition. Making such submission, he prays
to reject the petition.
7. Heard the learned counsel for the respective
parties. Perused the averments made in the complaint and
also the charge sheet.
8. As per the averments in the charge sheet, on
23.03.2025 around about 06.00 p.m., the deceased-
Jeevan Kumar, CW2, CW3, CW7, CW8, accused No. 1 and
others were playing Kabaddi in the land bearing Sy. No.11
of Holalu Village. The elder son of Balasundara H K used to
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CRL.P No. 12415 of 2025
HC-KAR
kick the opposite players and assault them during Kabaddi
game. At that time, the said Jeevan Kumar advised him to
play patiently, for which, the said accused No.2 got
enraged and picked up a quarrel with Jeevan Kumar and
abused him in filthy language. On the same day around
about 07.45 p.m., while Jeevan Kumar and his brother
along with CW3 were proceeding towards their houses, the
accused persons restrained the said Jeevan Kumar and
CW2 and started abusing them in filthy language.
9. It is alleged that the petitioner herein had
stabbed the said Jeevan Kumar on the left side of the
abdomen with a knife. When CW2 attempted to rescue
Jeevan Kumar, accused No. 3 held CW2 firmly. In the
meantime, accused No. 2 assaulted CW2 with a knife on
the left side of his back. The specific overt act of each
accused has been properly explained by the deceased in
the statement made before the police.
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CRL.P No. 12415 of 2025
HC-KAR
Prima facie
10. , it appears that the incident had
occurred at a spur of the moment. However, there was no
intention to commit the murder of either deceased or his
brother. Moreover, on going through the PM Report, only
one injury was inflicted on the body of the deceased.
Having considered the said aspect, I am of the considered
opinion that the petition may be allowed by imposing
suitable conditions that would take care of the
apprehension of the prosecution.
11. Hence, I proceed to pass the following:
ORDER
allowed
i) The petition is
ii) The petitioner is ordered to be
enlarged on bail in Crime No. 108/2025 filed
by the respondent/police for the offences
punishable under Sections 352, 115(2),
118(1), 126(2), 109, 103(1) read with
Section 3(5) of Bharatiya Nyaya Sanhita,
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CRL.P No. 12415 of 2025
HC-KAR
2023 pending on the file of the learned JMFC
Court, Mandya on executing personal bond
for a sum of Rs.1,00,000/- with one surety
for the like sum to the satisfaction of the
Trial Court.
iii) The petitioner shall not threaten or
tamper the prosecution witnesses nor
hamper the proceedings of the Court.
iv) The petitioner shall appear before
the Trial Court on all hearing dates without
fail.
v) The petitioner shall not indulge in
any criminal cases till disposal of the case.
vi) The petitioner shall abide by the
conditions imposed by this Court without
fail.
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CRL.P No. 12415 of 2025
HC-KAR
In case, if, the petitioner violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of
bail.
Sd/-
(S RACHAIAH)
JUDGE
BKM
List No.: 1 Sl No.: 21
NC: 2026:KHC:14469
CRL.P No. 12415 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 10 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 12415 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. BHARATH.H.N
S/O NAGARAJAMURTHY.H.K
AGED ABOUT 29 YEARS,
RESIDING AT HOLALU VILLAGE,
DUDDA HOBLI, MANDYA TALUK,
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
MANDYA DISTRICT
PIN CODE 571425
…PETITIONER
(BY SRI. RAJU C N.,ADVOCATE)
AND:
1. STATE BY MANDYA RURAAL POLICE,
MANDYA, REPRESENTED BY SPP,
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NC: 2026:KHC:14469
CRL.P No. 12415 of 2025
HC-KAR
HIGH COURT OF KARNATAKA
AT BANGALORE
PIN CODE NO 560001
…RESPONDENT
(BY SMT.ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.108/2025 OF MANDYA RURAL POLICE, MANDYA
ON THE FILE OF JMFC COURT AT MANDYA, FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 352, 115(2), 118(1), 126(2),
109, 103(1) R/W SEC.3(5) OF BNS, 2023 BY ALLOWING THIS
PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:14469
CRL.P No. 12415 of 2025
HC-KAR
ORAL ORDER
1. The petitioner is arrayed as accused No.1
before this Court seeking for regular bail in Crime
No.108/2025 filed by the respondent/police for the
offences punishable under Sections 352, 115(2), 118(1),
126(2), 109, 103(1) read with Section 3(5) of Bharatiya
Nyaya Sanhita, 2023 pending on the file of the learned
JMFC Court, Mandya.
Factual matrix of the case:
2. The case of the prosecution is that the
complainant, Jeevan Kumar H K filed a complaint stating
that on 23.03.2025 around about 06.00 p.m., his
statement was recorded in the hospital. The said
statement would disclose that the complainant was
working as a coolie. On 22.03.2025 around about 06.00
p.m. his brother, Hemant Kumar H K and other friends of
the same village were playing Kabaddi. While they were
playing Kabaddi, Santhosh Das @ Chintu deliberately
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CRL.P No. 12415 of 2025
HC-KAR
kicked towards the riders/opposite side players. The
complainant asked him to remain quiet and instructed him
to play Kabaddi peacefully. By that time, the said
Santhosh Das @ Chintu started assaulting the
complainant. However, the said incident was pacified with
the intervention of the other players.
3. On the same day, around about 7:45 p.m.,
when the complainant was walking along with his brother
and another on road, accused No. 2 wrongfully restrained
him. In the meantime, accused No. 1 assaulted the
complainant with a knife on his rib. Simultaneously,
accused No. 3, Balasundar, tightly held his brother, Anant
Kumar. At that moment, accused No. 2 took the knife from
accused No. 1 and stabbed his brother, Hemant, on the
back. Thereafter, accused No. 4 assaulted his brother with
a wicket stick on his back. At that time, the other
eyewitnesses, namely Harshith, Jayaprakash Narayan,
Hindhudhara and Chandra, pacified the situation and they
have shifted the injured to Mandya MIMS Hospital. There,
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CRL.P No. 12415 of 2025
HC-KAR
the deceased was advised to go to Mysore for better
treatment. The deceased and his brother went to Mysore
for better treatment, there his statement was recorded
and FIR came to be registered against accused Nos.1 to 4
for the offences stated supra.
4. Based on the said complaint, the
respondent/police have registered a case, conducted the
investigation and submitted the charge sheet.
5. The submission of the learned counsel for the
petitioner is that, the petitioner is innocent of the alleged
offences and he has been falsely implicated in this case.
The petitioner was not at all present at the scene of
occurrence. However, he has been dragged into the case
unnecessarily. The petitioner is having no criminal
antecedents. Moreover, the grounds of arrest was not
furnished to the petitioner. Hence, the petitioner may be
enlarged on bail by imposing suitable conditions. Making
such submission, he prays to allow the petition.
- 6 -
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CRL.P No. 12415 of 2025
HC-KAR
Per contra
6. , the learned High Court Government
Pleader for the respondent/State vehemently submitted
that the petitioner has committed a heinous offence. He
has committed murder of the complainant and also caused
injuries to his brother. The entire case is based on the
evidence of eyewitnesses. If the petitioner is in enlarged
on bail, there may be chances of threatening the
prosecution witnesses. Therefore, it is appropriate to
reject the bail petition. Making such submission, he prays
to reject the petition.
7. Heard the learned counsel for the respective
parties. Perused the averments made in the complaint and
also the charge sheet.
8. As per the averments in the charge sheet, on
23.03.2025 around about 06.00 p.m., the deceased-
Jeevan Kumar, CW2, CW3, CW7, CW8, accused No. 1 and
others were playing Kabaddi in the land bearing Sy. No.11
of Holalu Village. The elder son of Balasundara H K used to
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CRL.P No. 12415 of 2025
HC-KAR
kick the opposite players and assault them during Kabaddi
game. At that time, the said Jeevan Kumar advised him to
play patiently, for which, the said accused No.2 got
enraged and picked up a quarrel with Jeevan Kumar and
abused him in filthy language. On the same day around
about 07.45 p.m., while Jeevan Kumar and his brother
along with CW3 were proceeding towards their houses, the
accused persons restrained the said Jeevan Kumar and
CW2 and started abusing them in filthy language.
9. It is alleged that the petitioner herein had
stabbed the said Jeevan Kumar on the left side of the
abdomen with a knife. When CW2 attempted to rescue
Jeevan Kumar, accused No. 3 held CW2 firmly. In the
meantime, accused No. 2 assaulted CW2 with a knife on
the left side of his back. The specific overt act of each
accused has been properly explained by the deceased in
the statement made before the police.
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CRL.P No. 12415 of 2025
HC-KAR
Prima facie
10. , it appears that the incident had
occurred at a spur of the moment. However, there was no
intention to commit the murder of either deceased or his
brother. Moreover, on going through the PM Report, only
one injury was inflicted on the body of the deceased.
Having considered the said aspect, I am of the considered
opinion that the petition may be allowed by imposing
suitable conditions that would take care of the
apprehension of the prosecution.
11. Hence, I proceed to pass the following:
ORDER
allowed
i) The petition is
ii) The petitioner is ordered to be
enlarged on bail in Crime No. 108/2025 filed
by the respondent/police for the offences
punishable under Sections 352, 115(2),
118(1), 126(2), 109, 103(1) read with
Section 3(5) of Bharatiya Nyaya Sanhita,
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NC: 2026:KHC:14469
CRL.P No. 12415 of 2025
HC-KAR
2023 pending on the file of the learned JMFC
Court, Mandya on executing personal bond
for a sum of Rs.1,00,000/- with one surety
for the like sum to the satisfaction of the
Trial Court.
iii) The petitioner shall not threaten or
tamper the prosecution witnesses nor
hamper the proceedings of the Court.
iv) The petitioner shall appear before
the Trial Court on all hearing dates without
fail.
v) The petitioner shall not indulge in
any criminal cases till disposal of the case.
vi) The petitioner shall abide by the
conditions imposed by this Court without
fail.
- 10 -
NC: 2026:KHC:14469
CRL.P No. 12415 of 2025
HC-KAR
In case, if, the petitioner violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of
bail.
Sd/-
(S RACHAIAH)
JUDGE
BKM
List No.: 1 Sl No.: 21