(1.) This petition is filed by the petitioner -accused No.11 under Sec. 483 of BNSS praying to grant bail in Crime No.37/2025 of Mangaluru Rural Police registered for offences punishable under Ss. 189(2), (4), 191(2), (3), 115(2), 118(2), 103(2), 238, 23, 240, 352 read with Sec. 190 of BNS pending in S.C.No.115/2025 on the file of VI Additional District and Sessions Judge, D.K. Mangluru.
(2.) Heard learned Senior Counsel for the petitioner, learned Additional SPP for respondent No.1- State, and learned counsel for respondent No.2.
(3.) Learned Senior Counsel for the petitioner would contend that as unknown person who entered the stadium and uttered the slogan "Pakistan Pakistan Zindabad". The players and persons who are watching the match have thought that he is supporting Pakistan, chased him, assaulted with hands and club and caused his death. At the most, the offence which is attracted is 304(1) and not 302 of IPC. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 29/4/2025. Accused Nos.6 to 10, 12 to 21 have been granted bail by the Sessions Court. Accused No.4 has been granted bail by this Court in Crl.P.No.17346/2025 by order dtd. 19/1/2026. The petitioner is similarly placed to that of accused No.4 who has been granted bail by this Court. The petitioner has not used any weapon to assault the deceased. On these grounds, he prays to allow the petition.