Isabella Mariam

The High Court of Karnataka Single Bench of Justice Shivashankar Amarannavar granted bail to an accused and directed his release on conditions in connection with the death of a daily-wage worker from Kerala, who was allegedly assaulted by a group after raising the slogan “Pakistan Pakistan Zindabad” during a local cricket match in Mangaluru. The Court allowed the bail petition after noting that the investigation was complete and the accused was no longer required for custodial interrogation and ordered release on execution of a personal bond with surety, along with conditions to avoid witness tampering and to attend trial.

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The petitioner had been in judicial custody from the date of arrest, and during the pendency of proceedings, the investigating agency completed the investigation and filed the charge sheet before the competent court. Several co-accused, including some against whom allegations of assault with clubs were made, were granted bail by the Sessions Court. The petitioner sought regular bail on the ground that further custodial interrogation was unnecessary, that there were no criminal antecedents, and that similarly placed accused had already been enlarged on bail.

The Court examined the submissions advanced by both sides and perused the charge sheet and material placed on record. The Court noted that, “as per column No.17 of the charge sheet, a cricket match was going on in ground in which deceased entered and he uttered slogan ‘Pakistan Pakistan Zindabad’.” It further recorded that, “at that time the persons who were playing cricket match and persons who were watching the cricket match chased and assaulted the said deceased with hands and club and caused his death.”

While assessing the individual role attributed to the accused, the Court observed that, “the assault made by the club is by accused Nos.1, 2, 16 and 17,” and that “the other accused stated to have assaulted with the hands and kicked the deceased.” The Court took note of the fact that, “the accused persons who have assaulted the deceased with club i.e., accused Nos.16 and 17 have been granted bail by the Sessions Court.”

On the aspect of custody and investigation, the Court recorded that, “the petitioner is in judicial custody since 29.04.2025 and as the charge sheet is filed, this petitioner is not required for further custodial interrogation.” The Court also noted the personal circumstances of the petitioner, observing that, “there are no criminal antecedents of the petitioner.”

After considering these aspects collectively, the Court stated that, “considering the above aspects, the petitioner has made out case for grant of bail with conditions.”

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The Court ordered that “the petition is allowed. The petitioner is granted bail in S.C.No.115/2025 arising out of Crime No.37/2025 of Mangaluru Rural Police Station pending on the file of VI Additional District and Sessions Judge, D.K. Mangaluru.”

“The petitioner–accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of trial Court. The petitioner–accused No.4 shall not tamper the prosecution witnesses either directly or indirectly. The petitioner–accused No.4 shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case.”

Advocates Representing the Parties

For the Petitioner: Sri Aruna Shyam M, Senior Advocate, along with Sri Nishanth S K
For the Respondent: Sri Mohd Ayub Ali, Additional State Public Prosecutor

Case Title: Sri Natesh Kumar v. State of Karnataka
Neutral Citation: NC: 2026: KHC:2657
Case Number: Criminal Petition No. 17346 of 2025
Bench: Justice Shivashankar Amarannavar