[Cites 0, Cited by 0]
Karnataka High Court
Hanumantha @ Hanumantha vs State Of Karnataka By on 31 January, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2026:KHC:5449
CRL.P No. 14451 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14451 OF 2025
BETWEEN:
HANUMANTHA @ HANUMANTHA,
LATE SIDDAPPA,
AGED ABOUT 38 YEARS,
YARAPPANAHALLI BIDARAHALLI HOBLI,
BANGALORE EAST TALUK,
BANGALORE CITY, KARNATAKA - 560 049.
...PETITIONER
(BY SRI. KIRANKUMAR H.K, ADVOCATE)
AND:
STATE OF KARNATAKA BY
BY SHO, AVALAHALLI PS BENGALURU,
Digitally
signed by REPTD. BY STATE PUBLIC PROCECUTER,
KAVYA R HIGH COURT BUILDING,
Location: BANGALORE - 560 001.
High court of
Karnataka ...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR
NO.392/2024 SESSION CASE NO.97/25 AVALAHALLI POLICE
STATION FOR ALLEGED OFFENCES P/U/S 103, 238 R/W 3(5)
OF BNS 2023 PENDING ON THE FILE OF THE 6 ADDL.DISTRICT
AND SESSIONS JUDGE IN BENGALURU RURAL OF BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2026:KHC:5449
CRL.P No. 14451 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in S.C.No.97/2025 pending before the
Court of VI Additional District and Sessions Judge,
Bengaluru Rural District, Bengaluru, arising out of Crime
No.392/2024 registered by Avalahally Police Station,
Bangaluru District, for offences punishable under Sections
103, 238 read with Section 3(5) of BNS, 2023 is before
this Court in this successive bail petition filed under
Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in the present case was registered against
petitioner and another for the aforesaid offences, based on
the first information dated 16.11.2024 received from
Smt.Ratna, wife of deceased Vadivelu.
4. During the course of investigation, petitioner
herein was arrested on 19.11.2024, and subsequently
remanded to judicial custody. After completing
NC: 2026:KHC:5449
HC-KAR
investigation charge sheet has been filed against the
petitioner and another for the aforesaid offences. His bail
application filed before the Trial Court was rejected and
therefore, he had approach this Court in
Crl.P.No.3759/2025 which was dismissed as not pressed
on 21.04.2025 with liberty to the petitioner to renew his
bail application after examination of CW.2 is completed.
Thereafter, accused No.2 was granted regular bail by this
Court in Crl.P.No.5645/2025 on 23.06.2025. It is under
these circumstances petitioner is before this Court.
5. Learned counsel for the petitioner having
reiterated the grounds urged in this petition submits that
till date trial has not yet commenced in the case. Petitioner
who is an agricultural labourer has no other criminal
antecedents. He has got a family to be taken care of.
Accused No.2 has been granted regular bail by this Court
in Crl.P.No.5645/2025. Petitioner has not used any
weapon to assault the deceased. There is a delay of five
NC: 2026:KHC:5449
HC-KAR
days in filing the complaint. Accordingly, he prays to allow
this petition.
6. Per contra, learned HCGP who has opposed the
petition however does not dispute the submission made by
the learned counsel for the petitioner.
7. In the first information, which is filed by the wife
of deceased Vadivelu, she has stated that her husband
was a chronic drunkard and he had gone out on work on
09.11.2024. However, he had not returned home and on
11.11.2024 at about 09.00 a.m, she was informed that
her husband was lying down in a under construction
building. Immediately thereafter she had gone there and
on enquiry her husband had allegedly informed her that on
10.11.2024 for the reason that he had committed theft of
iron rods in the under construction building, accused Nos.1
and 2 had assaulted him with hands and as a result, he
was suffering from stomach pain. Immediately thereafter,
the first informant and others had shifted Vadivelu to a
NC: 2026:KHC:5449
HC-KAR
hospital and on 16.11.2024 Vadivelu had died in the
hospital while undergoing treatment. Thereafter, the first
informant had approached the police and based on her
first information, FIR was registered against petitioner and
another.
8. Undisputedly, there are no eye-witnesses to the
incident-in-question. According to the first informant, her
husband had informed her on 11.11.2024 that on
10.11.2024, accused Nos.1 and 2 had assaulted him for
the reason that he had committed theft of iron rods.
Allegation against accused Nos.1 and 2 is that they have
assaulted Vadivelu with their hands. Petitioner allegedly
had assaulted Vadivelu with his hands on his stomach and
when he fell down, he allegedly had kicked him. It is not in
dispute that accused Nos.1 and 2 had not used any
weapon to assault the deceased.
9. Though first informant came to know about the
alleged incident on 11.11.2024 itself, she had not
NC: 2026:KHC:5449
HC-KAR
approached the police and submitted any first information
and it is only after Vadivelu died in the hospital on
16.11.2024, she had approached the police alleging that
death was as a result of assault made by accused Nos.1
and 2.
10. The material on record would go to show that
the deceased was a chronic drunkard and the post mortem
report of the deceased would go to show that death was
as a result of Septicemia suffered by him due to injury to
the stomach. No other external injuries are found in the
dead body of the deceased. Accused No.2 has been
granted regular bail by this Court in Crl.P.No.5645/2025
on 23.06.2025. Petitioner, who is said to be an agricultural
labourer, has no other criminal antecedent and is in
custody from 19.11.2024. It is not in dispute that till date
trial in the case has not yet commenced. Prosecution has
in all cited 21 charge sheet witnesses in the present case
and therefore, the trial in the case is not likely to be
concluded in the immediate near soon. It is brought to the
NC: 2026:KHC:5449
HC-KAR
notice of this Court that petitioner is a married man having
family and there is nobody to take care of his wife and
children. Considering the aforesaid aspects of the matter, I
am of the opinion that the prayer made by the petitioner
for grant of regular bail needs to be answered
affirmatively. Accordingly, the following:-
ORDER
The Criminal petition is allowed.
The petitioner is directed to be enlarged on bail in
S.C.No.97/2025 pending before the Court of VI Additional
District and Sessions Judge, Bengaluru Rural District,
Bengaluru, arising out of Crime No.392/2024 registered by
Avalahally Police Station, Bangaluru District, for offences
punishable under Sections 103, 238 read with Section 3(5)
of BNS, 2023 subject to the following conditions:
a) The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with two sureties for the likesum,
NC: 2026:KHC:5449
HC-KAR
out of which one shall be local surety, to the
satisfaction of the jurisdictional Court;
b) 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;
c) The petitioner shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
e) 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.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 9
