Govinda v. State of Karnatka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11235 OF 2026 BETWEEN:

GOVINDA S/O VENKATAIAH @ KALAIAH, AGED ABOUT 45 YEARS R/AT BHOGANAHALLI VILLAGE, PERIYAPATNA TALUK, MYSURU DISTRICT. …PETITIONER (BY SRI. MANU N.P, ADVOCATE) AND:

STATE OF KARNATKA BY PERIYAPATNA POLICE STATION, PERIYAPATANA TALUK, MYSURU DISTRICT REP. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. …RESPONDENT (BY SRI. RAHUL RAI K, ADVOCATE)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONERS, IN CRIME NO.383/2025 BY PERIYAPATNA POLICE STATION MYSURU, NOW PENDING BEFORE HONBLE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU,

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

SITTING AT HUNSUR, IN SC NO.5022/2026 FOR THE OFFENCE PUNISHABLE U/SEC.103(1) OF BNS 2023.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused in S.C.No.5022/2026 pending before the Court of the VIII Additional District and Sessions Judge, Mysuru, sitting at Hunsur, arising out of Crime No.383/2025 registered by Periyapatna Police Station, Mysuru district for the offence punishable under Section 103(1) of the BNS, 2023, is before this Court in this petition filed under Section 483 of the BNSS, 2023 seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.383/2025 was registered by Periyapatna Police Station, Mysuru district for the offences punishable under Sections 352 and 103(1) of the BNS,

2023, based on the first information dated 23.12.2025 received from Prathap B.K., S/o. Krishnegowdru Bandahalli. During the course of investigation, the petitioner was arrested on 23.12.2025 and remanded to judicial custody. After completing the investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Mis.No.5131/2026 was rejected on

26.05.2026. Therefore, he is before this Court.

¶4Charge sheet material would reveal that the petitioner used to earlier work in the agricultural field of deceased Swamygowda. Since the petitioner was not working properly, Swamygowda had stopped calling him to work in his field. Therefore, the petitioner allegedly developed vengeance against Swamygowda and on

22.12.2025 at about 07.30 p.m., he allegedly abused Swamygowda for the aforesaid reasons near the petty shop of CW-7. On the very same day, at about 08.15 p.m., the petitioner allegedly once again quarreled with

Swamygowda and assaulted him with his hands and, when he fell down, kicked him on his stomach and chest, as a result of which Swamygowda lost consciousness. CW-1, CW-4, CW-5 and CW-6 thereafter shifted Swamygowda to the Government Hospital at Periyapatna, but the doctors in the said hospital informed them that Swamygowda had died. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences.

¶5Postmortem report of deceased Swamygowda would reveal that he had not suffered any external injuries on his body. In the postmortem report, initially, it was mentioned that the cause of death was kept pending, awaiting report from the Forensic Science Laboratory. Subsequently, it is mentioned that the cause of death is due to injury leading to hypovolemic shock.

¶6The petitioner, aged 45 years, is said to be an agricultural coolie having no other criminal antecedents. He is in custody for the last more than eight months.

Investigation of the case is completed. The allegations found in the charge sheet against the petitioner are required to be proved in a full-fledged trial.

¶7Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: O R D E R

i) The Criminal Petition is allowed.

ii) The petitioner is directed to be enlarged on bail in S.C.No.5022/2026 pending before the VIII Additional District and Sessions Judge, Mysuru, sitting at Hunsur arising out of Crime No.383/2025 registered by Periyapatna Police Station, Mysuru district for the offence punishable under Section 103(1) of the BNS 2023, subject to the following conditions:

a) 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;

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

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