- 1 - NC: 2025:KHC:17312 CRL.P No. 326 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 326 OF 2025 BETWEEN: MADHUSUDAN @ MADHU @ CHICKEN S/O LATE PRAKASH AGED ABOUT 37 YEARS RESIDING AT NO.1 SHIVADURGA APARTMENT OPPOSITE BENGALUR ONE SRINIVASANAGAR BENGALURU - 560 050. …PETITIONER (BY SRI RAMACHANDRA M.B, ADV.) AND: STATE BY JNANABHARATHI P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.263/2024 OF RESPONDENT POLICE NOW CHARGE SHEET IS FILED FOR THE OFFENCE P/US/ 120-B,201,302 R/W SEC.34 OF IPC THE SAME IS REGISTERED IN C.C.NO.30458/2024 ON THE FILE OF THE HONBLE VI ACJM AT BENGALURU CITY NOW THE ABOVE CASE IS COMMITTED TO THE HONBLE SESSIONS COURT BUT SESSIONS CASE IS NOT YET Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17312 CRL.P No. 326 of 2025 REGISTERED FOR TRAIL BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 in Crime No.263/2024 registered by Jnanabharathi Police Station, Bengaluru City, for the offences punishable under Sections 302, 201, 120B, 34 IPC is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.263/2024 was registered by Jnanabharathi Police Station, Bengaluru City, initially for the offences punishable under Sections 302, 34 IPC against three to four unknown persons based on the first information dated 12.06.2024 received from Prakash - Police Officer of Jnanabharathi Police Station, Bengaluru. During the course of investigation, petitioner herein was arrested on 17.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed for the aforesaid offences against three persons. Petitioner is arrayed as accused - 3 - NC: 2025:KHC:17312 CRL.P No. 326 of 2025 no.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.11069/2024 was rejected on 20.12.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that the allegation of assaulting the deceased with weapon is only as against accused no.1. Petitioner has no other criminal antecedents. He is in custody from 17.06.2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that the allegation against the petitioner and accused no.2 are similar in the charge sheet. The coordinate bench of this Court has already rejected the bail application of accused no.2 by a reasoned order. Petitioner has played an active role in committing the murder of deceased. Accordingly, he prays to dismiss the petition. 6. FIR was initially registered in the present case as against unknown persons. During the course of investigation, three persons were arrested in the present case who are now arrayed as accused nos.1 to 3 in the charge sheet. In the charge sheet, - 4 - NC: 2025:KHC:17312 CRL.P No. 326 of 2025 it is alleged that deceased Nagaraju @ Naga had met accused nos.2 & 3 while he was in prison, and thereafter, they became friends. After they came out from the jail, accused nos.2 & 3 allegedly introduced Nagaraju to accused no.1 and they used to often meet and consume liquor together. On 08.06.2024, accused no.2 celebrated his birthday and accused nos.1 & 3 attended the said birthday party. Since accused no.2 allegedly did invite Nagaraju to the birthday party, Nagaraju got angry and he, therefore, had ill-will against accused no.2. On 09.06.2024, accused nos.1 & 2 went to the house of Nagaraju and it is alleged that Nagaraju abused them in filthy language, and thereafter, there was ill-will between accused nos.1 & 2. It is in this background, on 12.06.2024, accused nos.1 to 3 with an intention to commit the murder of Nagaraju, traveled in a Blue colour swift car bearing registration No.KA-42-P-2118 armed with weapons and at about 10.30 p.m., they found Nagaraju in front of Gowdara Chicken and Mutton Centre within the jurisdiction of Jnanabharathi Police Station consuming alcohol along with CW-2 & CW-3. Accused nos.1 to 3 went to the place where Nagaraju was with CW-2 & CW-3 and after - 5 - NC: 2025:KHC:17312 CRL.P No. 326 of 2025 abusing him assaulted him with chopper and also with their hands and legs and committed his murder. 7. The allegation of assaulting deceased with weapon is found against accused no.1. CW-2 to CW-4 are the alleged eye- witnesses to the incident in question. Deceased has suffered as many as 20 injuries on his body. During the course of investigation, in addition to recording the statement of eye- witnesses, CCTV footages were also collected by the Investigation Officer. As per the charge sheet, accused nos.1 & 3 have assaulted the deceased with a weapon. Accused no.2 had approached this Court in Crl.P.No.305/2025 and the coordinate bench of this Court has dismissed the said petition. According to the petitioner's counsel, the allegation against accused nos.2 & 3 are identical and it is only accused no.1 who has assaulted the deceased with deadly weapon. All the alleged eye-witnesses have spoken about the presence of petitioner along with accused nos.1 & 2 when the alleged crime was committed. Accused nos.1 to 3 armed with deadly weapon were in search of deceased and after finding him, they had abused and assaulted him, and therefore, it cannot be said that the petitioner did not share common intention with the other - 6 - NC: 2025:KHC:17312 CRL.P No. 326 of 2025 accused persons. Considering the aforesaid aspects of the matter, I am of the opinion that at this stage, the prayer made by the petitioner for grant of regular bail cannot be granted. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK