Ravi K vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by the sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 174/2024 of Wilson Garden P.S. pending in SC No. 270/2025 on the file of LXXI Additional City Civil and Sessions Judge, Bengaluru registered for offence under Section 103(1) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’).

Heard learned counsel for petitioner and learned Additional SPP for respondent - State.

Learned counsel for petitioner would contend that there are no eyewitnesses to the incident and case of the prosecution is based on circumstantial evidence. Petitioner himself has made a phone call to control room and intimated that his mother had sustained injury. Charge sheet has been filed and therefore petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

Per contra learned Additional SPP would contend that the deceased is the mother of the petitioner. Petitioner and deceased (mother of the petitioner) were residing together. The incident has taken place in the house of the petitioner, wherein the petitioner and the deceased were residing together. The Doctor who conducted PM examination has noted 9 injuries on the dead body of the deceased and opined that cause of death is due to injuries sustained. There is recovery of machete at the instance of the petitioner and FSL report indicate that machete is blood stained. Considering the entire charge sheet material there is prima facie case against the petitioner for offence alleged against him. If the petitioner is granted bail there are chances of he threatening the prosecution witnesses and flee from justice. With this, she prayed for dismissal of the petition.

Having heard learned counsel for the parties, the Court has perused charge sheet records and other materials placed on record.

The deceased and the petitioner were residing together in house number 41, I Main Road, Sudhamanagar, Bengaluru. The petitioner's two wives and his children were not residing with him and they were residing separately. There used to be quarrels between petitioner and the deceased with regard to payment of house rent. The deceased was found in the house of petitioner in unconscious state and there were injuries on her. Petitioner had made a phone call to control room No. 112 and intimated regarding his mother’s unconscious state. The staff of the control room and Police on patrolling duty took the mother of the petitioner in a ambulance to Victoria Hospital and found that she was already dead. The Doctor who conducted PM examination over the dead body of the deceased has noted 9 injuries over the dead body of the deceased and opined that death is due to multiple injuries sustained. There is recovery of machete at the instance of this petitioner under mahazar. Said machete and clothes of the petitioner were sent for FSL examination. FSL report indicate that machete and clothes of the petitioner were found stained with blood of `B’ group. As petitioner was residing with the deceased, it is for him to explain under what circumstances the deceased sustained injuries. There is no explanation of the petitioner with regard to how his mother, i.e., the deceased sustained injuries. Considering all these aspects there is prima facie case against the petitioner for offence alleged against him. The offence alleged against the petitioner is punishable with death or imprisonment for life. If the petitioner is granted bail, there are chances of he tampering the prosecution witnesses and flee from justice. Petitioner has not made out grounds for grant of bail.

In the result, petition is dismissed.