- 1 - NC: 2025:KHC:10004 CRL.P No. 459 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 459 OF 2025 BETWEEN: PRASHANTH P @ PAPU, S/O PARMESHA, AGED ABOUT 19 YEARS, RESIDING AT 12TH CROSS, NEAR ANJENYA TEMPLE, KARNGI KATTE, SHANTHI NAGAR, KOLAR - 563 101. …PETITIONER (BY SMT. PADMAVATHI N, ADVOCATE) AND: STATE BY NANDAGUDI POLICE STATION, HOSAKOTE - 560 060 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE PETITIONER ON BAIL IN CC.NO.7072/2024 ON THE FILE OF LEARNED II ADDL. CIVIL JUDGE AND JMFC, HOSAKOTE, BENGALURU RURAL DISTRICT, BANGALORE, WHICH AROSE OUT OF CR.NO.148/2024 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10004 CRL.P No. 459 of 2025 REGISTERED BY NANDAGUDI P.S., FOR THE OFFENCES P/U/S 103, 189(2), 191(2), 191(3), 61(2) R/W 190 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.148/2024 registered by Nandagudi Police Station, Bengaluru District, for offences punishable under Sections 103, 189(2), 191(2), 191(3), 61(2) read with Section 190 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. FIR in Crime No.148/2024 was registered by Nandagudi Police Station, Bengaluru against four to five unknown persons for the aforesaid offences, on the basis of the first information dated 13.07.2024 received from Shashank, who is brother of the deceased Bhargav. - 3 - NC: 2025:KHC:10004 CRL.P No. 459 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 28.07.2024 and subsequently, remanded to judicial custody. Investigation of the case was completed and chargesheet has been filed against five accused persons and petitioner is arraigned as accused No.2 in the chargesheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.2467/2024 was rejected on 06.12.2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner is student having no criminal antecedents. FIR has been registered against unknown persons and alleged eye-witnesses have also stated that assailants’ were strangers. In the test identification parade that was held the petitioner has not been identified. Accordingly, she prays to dismiss this petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. He however submits - 4 - NC: 2025:KHC:10004 CRL.P No. 459 of 2025 that there are sufficient materials to connect the petitioner to the crime. Accordingly, he prays to dismiss this petition. 7. FIR in the present case was registered against four to five unknown persons, based on the first information received from Shashank, who is the brother of deceased Bhargav. C.Ws-2 to 4 are the alleged eye-witnesses to the incident in question. 8. Perusal of the statement of C.Ws-2 to 4 would go to show that the assailants were strangers to them. It is brought to the notice of this Court that in the test identification parade that was held subsequent to the arrest of the accused persons, the petitioner has not been identified by the alleged eye-witnesses. 9. Material on record would go to show that the petitioner is a student pursuing his 2nd year B.Com degree course. Undisputedly, he has no other criminal antecedents. Investigation of the case was completed and chargesheet has been filed. Accused No.1 is elder brother - 5 - NC: 2025:KHC:10004 CRL.P No. 459 of 2025 of the petitioner. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.148/2024 registered by Nandagudi Police Station, Bengaluru District, for offences punishable under Sections 103, 189(2), 191(2), 191(3), 61(2) read with Section 190 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; - 6 - NC: 2025:KHC:10004 CRL.P No. 459 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 51 CT: BHK