Venkatesh vs State Of Karnataka & Ors

Shivashankar Amarannavar, J

This petition is filed by accused No.4 under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, praying to grant bail in Crime No.131/2025 of Bagepalli Police Station registered for the offences punishable under Sections 115(2), 118(1), 352, 103(1) of BNS.

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

The learned counsel for petitioner would contend that earlier a FIR came to be registered for the offences punishable under Sections 115(2), 118(1) and 352 of BNS, and the petitioner has been granted bail by the learned Judicial Magistrate First Class on 21.04.2025. Thereafter, the injured person died on 22.04.2025, and the offence punishable under Section 103(1) of BNS has been included, and the petitioner has been arrested on 04.05.2025, and since then, he is in judicial custody. The deceased had sustained injury to his right hip joint. The post mortem report indicates that the cause of death is No.1 - sepsis, No.2 - secondary to fracture of right thigh bone. The alleged incident has taken place on 09.04.2025 and the injured died on 22.04.2025. The injury allegedly caused by the petitioner was not the cause of the deceased's death. Therefore, the offence under Section 103(1) is not attracted. The petitioner is in judicial custody since 05.05.2025 and as the charge is filed, the petitioner is not required for custodial interrogation. The petitioner is the cousin brother of the deceased, and civil disputes relating to property are pending between the parties. The petitioner is not having any criminal antecedents. With this, he prayed to allow the petition.

Per contra, the learned High Court Government Pleader for respondent/State would contend that the Medico Legal Register contains that only one person has assaulted the injured. CWs.2 and 4 to 6 are the eye witnesses to the incident. In the incident, the deceased sustained an injury to his right hip joint, for which he took treatment in the hospital, and he subsequently died on 22.04.2025. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.

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

A quarrel arose with regard to the spreading of clothes for drying, during which the petitioner is alleged to have assaulted the deceased, Ramanjanappa, using his hands and a club. The deceased sustained an injury to his right hip joint and took treatment in the hospital. The deceased died on 22.04.2025. The incident had taken place on 09.04.2025. The post mortem report indicates that the cause of death is No.1- sepsis and No.2 - secondary to fracture of right thigh bone.

The assault alleged to have been made by the petitioner was not on a vital part of the body. Whether the offence under Section 103(1) of the BNS is attracted or not is a matter to be decided at trial. The petitioner is in judicial custody since 05.05.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court.

Considering the above aspects, the petitioner has made out a case for grant of bail with conditions.

In the result, the following:

ORDER

i) The petition is allowed.

ii) The petitioner is granted bail in Crime No.131/2025 of Bagepalli Police Station registered for the offences punishable under Sections 115(2), 118(1), 352, 103(1) of BNS subject to following conditions:

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 Trial Court.

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

c) The petitioner shall appear before the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.