VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.4 under Sec. 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 Ss. 115(2), 118(1), 352, 103(1) of BNS.

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

(3.) The learned counsel for petitioner would contend that earlier a FIR came to be registered for the offences punishable under Ss. 115(2), 118(1) and 352 of BNS, and the petitioner has been granted bail by the learned Judicial Magistrate First Class on 21/4/2025. Thereafter, the injured person died on 22/4/2025, and the offence punishable under Sec. 103(1) of BNS has been included, and the petitioner has been arrested on 4/5/2025, 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 9/4/2025 and the injured died on 22/4/2025. The injury allegedly caused by the petitioner was not the cause of the deceased's death. Therefore, the offence under Sec. 103(1) is not attracted. The petitioner is in judicial custody since 5/5/2025 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.