S Vishwajith Shetty, J
1. Accused in Spl.C.C.No.2031/2024 pending before the court on the L Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, arising out
of Crime No.269/2024 registered by Bommanahalli Police Station, Bengaluru for the offence under Section 103 of BNS, 2023 is before this Court
under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. First Information Report in Crime No.269/2024 was registered by Bommanahalli Police Station, Bengaluru against the petitioner herein for the
aforesaid offences on the basis of first information dated 09.07.2024 received from Ramya Kumari @ Ramya, who is the mother of the deceased boy
Ashwin. During the course of investigation of the case, the petitioner herein was arrested on 10.07.2024 and subsequently remanded to judicial
custody. Investigation is completed and charge sheet has been filed against the petitioner for the offence under section 103 of BNS, 2023. The bail
application before the trial court in Crl.Misc.No.9370/2024 was rejected on 22.10.2024. Therefore the petitioner is before this court.
4. Learned counsel for the petitioner submits that petitioner is married man having no criminal antecedents. Even if the charge sheet materials are
presumed to be true, it becomes doubtful that he had any intention to commit the murder of deceased boy. There is an inordinate delay in lodging the
first information. Investigation of the case is completed and therefore custody of the petitioner is no more required. Hence he prays for allowing the
petition.
5. Per contra, learned HCGP has opposed the petition. He submits that there are sufficient circumstances to connect the petitioner to the crime. The
petitioner has repeatedly assaulted the deceased minor boy and as a result he has died. He prays to dismiss the petition.
6. Perusal of the material available on record goes to show that first informant who had deserted her husband was residing separately along with her
two children, Kumari Yashree, aged about 5 years and Master Ashwin, aged about 3 years. Accused who was also married had deserted his wife and
was residing separately. It appears that accused/petitioner had developed illicit relationship with the first informant and was regularly visiting her
house. Deceased boy Ashwin who was the younger son of the first informant was very much attached to his mother and the petitioner was under an
impression that Ashwin was an obstruction for his illicit relationship with the first informant. Therefore he had ill will against Ashwin. On the
intervening night of 6.7.2024 and 7.7.2024, he allegedly assaulted Ashwin at about 1.00 a.m. in the midnight. When the petitioner had assaulted
Ashwin with his hands, Ashwin’s head had dashed against the cement block in the bathroom. Ashwin who had suffered the said injury had slept in
his house, but at about 3.30 a.m., he got up and started crying. Therefore the petitioner and the first informant took him to a hospital at about 4.00 a.m.
and on medical advice they shifted him to a better hospital and ultimately admitted him to NIMHANS at Bengaluru. However, on 8.7.2024 at about
11.56 p.m Ashwin had died in the hospital while undergoing treatment. First information is belatedly lodged on 9.7.2024 at about 18.10 hours. The
reason for delay in lodging the FIR has not been explained. Be that as it may, even from the reading of the charge sheet allegation, it is found that
after the injured Ahswin had slept in his house on the intervening night of 6.7.2024 and 7.7.2024, he all of a sudden got up at 3.30 a.m. and started
crying with pain and therefore it was the petitioner and the first informant who had shifted the injured minor boy to the hospital. The material on record
goes to show that the injured had not suffered any external injuries on his body. It appears that as a result of the minor boy’s head dashing against
the cement block in the bathroom, he had suffered certain internal injuries in his head and as a result he has died. Post mortem report of the deceased
would go to show that death was as a result of severe traumatic pain injury in a post operated case leading to cardio pulmonary arrest. The petitioner
has no other criminal antecedents. Investigation is completed and charge sheet has been filed. Under these circumstances, I am of the view that the
petitioner’s prayer for grant of bail has to be answered affirmatively. Accordingly, the following:
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.269/2024 registered by Bommanahalli Police Station, Bengaluru,
for the offences punishable under Sections 103 of BNS, 2023, subject to the following conditions:
a) 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.
