- 1 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 305 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRINIVAS @ JADU SEENA S/O LATE NAGARAJU, AGED ABOUT 30 YEARS, RESIDING AT NO.11, 1ST CROSS, INDIRANAGAR, BIDADI, RAMANAGARA DISTRICT-562 109. …PETITIONER (BY SRI. A.N.RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY JNANABHARATHI POLICE, BENGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.263/2024 OF JNANABHARATHI POLICE, FOR OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 201, 302 R/W 34 OF INDIAN PENAL CODE, NOW PENDING IN C.C.NO.30458/2024, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 ON THE FILE OF THE LEARNED 46TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner/accused No.2 has preferred this petition praying to enlarge him on bail in Crime No.263/2024 of Jnanabharathi Police Station, Bengaluru City, registered for an offence punishable under Section 302 r/w 34 of IPC. 3. Initially, aforementioned crime was registered against 3 to 4 unknown persons. In the course of investigation, accused Nos.1 to 3 were arrested and their voluntarily statements were recorded. Charge sheet is filed against them for offences punishable under Section 120B, 302, 201 r/w 34 of IPC. - 3 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 4. Briefly stated, case of the prosecution is that when deceased Nagaraju @ Naga was in prison, he came in contact with accused Nos.2 and 3 and they became friends. After they came out of jail, accused Nos.2 and 3 introduced Nagaraju to accused No.1. They used to meet often, consume liquor and attend parties together. On 08.06.2024, accused No.2 celebrated his birthday party at one Chaplin Hut Hotel in Nagarabhavi. Accused Nos.1 and 3 attended the birthday party. Since accused No.2 did not invite Nagaraju to the birthday party, Nagaraju got angry and he called him over phone, but accused No.2 disconnected the call. On 09.06.2024, accused Nos.1 and 2 went to the house of Nagaraju, at that time, Nagaraju abused both of them in filthy language. Hence, there was enmity. In this background, on 12.06.2024, accused Nos.1 to 3 with an intention to commit the murder of Nagaraju, travelled in a blue color Swift Car bearing Registration No.KA-42-P-2118 armed with a chopper. At about 10.30 p.m., they noticed Nagaraju in front of one Gowdru - 4 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 Chicken and Mutton Centre situated at 4th Cross, Muthuraya Nagara, talking to CWs.2 and 3 and consuming alcohol with them. Accused No.2 stopped the car and all three accused went near him, abused in filthy language and assaulted him with the chopper and with hands and kicked him and committed his murder. 5. It is contended by the learned counsel for petitioner that the alleged eye witnesses have not identified the petitioner as the one of the assailants. Even otherwise, according to prosecution, petitioner has assaulted with hands and as per Post Mortem Report cause of death is on account of head injury sustained, which is not attributed to the petitioner. He has therefore, submitted that petitioner who is in judicial custody may be enlarged on bail by imposing any conditions. 6. Learned High Court Government Pleader has contended that CWs.2 to 4 are the eye witnesses to the incident and this petitioner along with accused Nos.1 and 3 has gone to the spot armed with a chopper which clearly - 5 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 shows his intention. He has contended that the deceased has sustained about 20 injuries and in view of the statements of the eye witnesses there is a prima facie case against the petitioner. 7. Learned High Court Government Pleader has further contended that the petitioner is a rowdy sheeter and there are ten cases registered against him at various police stations and therefore, if he is released on bail, he may commit similar offences and also tamper with the prosecution witnesses. 8. FIR is registered against 3 to 4 unknown persons on a complaint lodged by the PSI of Jnanabharathi Police Station, who after receiving an information about the incident went to the spot and noticed the dead body lying near 4th Cross, Muthuraya Nagara, Jnanabharathi, with bleeding injuries. In the course of investigation, the CCtv footages were collected and the statements of eye witnesses namely CWs.2 to 4 were recorded. The statements are also recorded under Section 164 Cr.P.C. - 6 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 9. It is the contention of the learned counsel for petitioner that according to prosecution, it is accused No.1 who assaulted the deceased with a chopper and accused No.3 took the said chopper from the hands of accused No.1 and assaulted the deceased. Therefore, no intention can be attributed to the petitioner against whom the allegations are that he has assaulted with the hands. 10. It is the case of prosecution that since the petitioner/accused No.2 did not invite the deceased for birthday party, deceased got angry and abused him and in this background all the accused conspired to commit his murder. All the three accused together travelled in a Car bearing Registration No. KA-42-P-2118 and at that time, they were armed with a chopper. On seeing the deceased near one Gowdru Chicken and Mutton Centre, the accused got down from the car and ambushed him. Even accepting that the deceased was assaulted only with hands by the petitioner, at this stage it cannot be said that he did not - 7 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 share any intention along with accused Nos.1 and 3, to commit murder. 11. As per post mortem report, victim has sustained about 20 injuries. Cause of death is due to shock and hemorrhage as a result of head injury sustained. There are eye witnesses to the incident and therefore, if the petitioner is enlarged on bail, there are chances of threatening those witnesses. Further, it is brought to the notice of the Court by the learned High Court Government Pleader that the petitioner is involved in ten criminal cases registered at Bidadi Police Station, Narasimharajapura Police Station and Jnanabharathi Police Station. 12. Learned counsel for petitioner has contended that this Court has granted bail under similar circumstances where specific overt act of assaulting the deceased with a weapon was not attributed against the accused. However, each case has to be considered on its own facts and circumstances. In the present case, in view - 8 - NC: 2025:KHC:8134 CRL.P No. 305 of 2025 of the nature and gravity of the offence committed and the material collected by the prosecution against the petitioner, he is not entitled for bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 34 Ct:ar