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Judgment
Accused No.4 in SC No.5019 of 2026 pending before the Court of III Additional District and Sessions Judge, Mandya sitting at Srirangapatna, arising out of Crime No.266 of 2025 registered by Srirangapatna Police Station, Mandya for the offence punishable under Section 105, 238(b), 240, 351(2), 352 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.266 of 2025 was registered by Srirangapatna Police Station, Mandya for the offences punishable under Section 103(1), 238(a), 239, 3(5) of BNS, 2023 against Shivakumara and others, based on the first information dated 20.11.2025 received from Savitha, who is the mother of deceased Shashank Gowda. In the said case, the petitioner was arrested on 28.11.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons and petitioner is arraigned as accused No.4 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5080 of 2026 was rejected on 02.04.2026. Therefore, he is before this Court.
Accused No.1 in the present case, had approached this Court in Crl.P.No.7064 of 2026 seeking regular bail and the said petition was allowed on 29.07.2026. In paragraph Nos.4 and 5 of the said order, which observed as follow:
"4.In the alleged incident that had taken place on 18.11.2025, petitioner allegedly had assaulted Shashank Gowda with his hands and dropped him on the ground. In respect of the said incident that had taken place on 18.11.2025, FIR was registered on 20.11.2025, which is after a delay of nearly 2 days. During the course of investigation, petitioner and other accused persons were arrested and remanded to judicial custody. In the charge sheet, which is filed after completing investigation, it is alleged that after the petitioner had assaulted Shashank Gowda on 18.11.2025, accused Nos.2 to 4 along with CW-2 took Shashank Gowda to the hospital in a scooter which belonged to accused No.3 and accused No.4 made the injured to sit on the scooter. Accused No.2 and CW-2 accompanied them in another scooter. On their way to the hospital at Pandavapura Road in Kiranguru Village, a lorry intercepted their two wheeler and thereafter, accused Nos.2 and 4 got down from the scooter, in which Shashank Gowda was sitting, and quarreled with the driver of the lorry. Meanwhile, Shashank Gowda, who was sitting on the scooter had collapsed to the ground and therefore, accused Nos.2 and 3 once again lifted him from the ground and took him to the hospital in their scooter. In the said hospital, the doctor had declared that Shashank Gowda had died. Therefore, they had brought his dead body to his house and informed his mother and other relatives that Shashank had fallen down from the scooter after consuming alcohol and had died.
5.Though FIR was registered for offence punishable under Section 103 of BNS, 2023, charge sheet is now filed for offence punishable under Section 105 of BNS, 2023. "
Considering the aforesaid aspects of the matter and also taking into consideration that the petitioner has no other criminal antecedents, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:
O R D E R
The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5019 of 2026 pending before the Court of III Additional District and Sessions Judge, Mandya sitting at Srirangapatna, arising out of Crime No.266 of 2025 registered by Srirangapatna Police Station, Mandya for the offence punishable under Section 105, 238(b), 240, 351(2), 352 read with Section 3(5) of BNS, 2023, subject to the following conditions:
The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.