- 1 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 913 OF 2025 C/W CRIMINAL PETITION NO. 2032 OF 2025 IN CRL.P No. 913/2025 BETWEEN: RAHUL DONALD, S/O ANTHONY ANDREW, AGED ABOUT 27 YEARS, R/AT NO. 1, 7TH CROSS, NEAR MARIYAMMA TEMPLE, K KAMARAJA ROAD, BHARATHI NAGAR, BENGALURU - 560 051. …PETITIONER (BY SRI. DODDE GOWDA C.H, ADVOCATE) AND: THE STATE BY PULAKESHI NAGAR POLICE, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDI, BENGALURU - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 NO.3 ON REGULAR BAIL AND ORDER TO RELEASE THE PETITIONER FROM JUDICIAL CUSTODY FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1), 238, 61(2) READ WITH 3(5) OF BHARATIYA NYAYA SANHITA 2023 AND SECTION 25(1B)(B), 27 OF ARMS ACT IN CRIME NO.213/2024 REGISTERED BY PULAKESHI NAGAR POLICE, IN S.C.NO.9/2025 WHICH IS PENDING BEFORE PENDING BEFORE XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH - 20). IN CRL.P NO. 2032/2025 BETWEEN: KIRAN P @ KITTU, S/O. PRABHAKAR, AGED ABOUT 29 YEARS, R/AT NO.281, NEAR IYENGAR BAKERY, YARAPPANAHALLI, KADU AGRAHARA, BANGALORE - 560 077. PERMANENT ADDRESS R/AT NO.60, 4TH CROSS, KADDIRAPPA ROAD, COX TOWN, DODDIGUNTA, BANGALORE - 560 005. ...PETITIONER (BY SRI. SYED MUZAKKIR AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY PULAKESHINAGAR POLICE, BANGALORE CITY - 560 005. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. BANGALORE - 560 001). ...RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S - 3 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 483 BNSS) PRAYING TOENLARGE HIM ON BAIL IN CR.NO.213/2024 OF PULAKESHINAGAR P.S. BENGALURU CITY FOR THE OFFENCE P/U/S 103(1),238,61(2) R/W 3(5) OF BNS AND SEC.25(1B)(B) AND SEC.27 OF AMRSA CT WHICH IS PENDING IN C.C.NO.67366/2024 ON THE FILE OF HONBLE 10TH A.C.M.M MAYO HALL BENGALURU CITY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 and 3 in S.C.No.9/2025 pending before the Court of XXVIth Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.213/2024 registered by Pulakeshinagar Police Station, Bengaluru City, for offences punishable under Sections 103(1), 238, 61(2) read with Section 3(5) of BNS, 2023 and Section 25(1B)(B) and 27 of the Arms Act are before this Court under Section 483 of BNSS, 2023 seeking regular bail in these two petitions. 2. Heard the learned counsel for the parties. - 4 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 3. FIR in Crime No.213/2024 was registered by Pulakeshinagar Police Station, Bengaluru City against Ramesh and Kiran, on the basis of the first information dated 03.07.2024 received from Shakthi, who is younger brother of deceased Ajith. 4. During the Course of investigation, petitioners herein were arrested on 03.07.2024 and subsequently, remanded to judicial custody. Investigation of the case was completed and chargesheet has been filed against four persons and petitioners herein are arraigned as accused Nos.2 and 3 in the charge sheet. Bail application filed by the petitioners before the Jurisdictional Sessions Court in Crl.Misc.Nos.26223/2024 and Crl.Misc.No.26080/2024 were rejected on 06.02.2025 and 23.11.2024. Therefore, they are before this Court. 5. Learned Counsels appearing for the petitioners submits that petitioners do not have any criminal antecedents. C.W-4 is the sole eye-witness to the incident in question. Her statement is recorded after a delay of - 5 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 nearly 16 days from the date of incident. Petitioners herein were arrested on the date of the incident and C.W.4 has identified the petitioners after seeing their photographs which were shown to her by police. Accused No.1 has been granted regular by this Court in Crl.P.No.12585/2024. Accordingly, they pray to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that accused Nos.1 and 2 had strong motive to commit the murder of deceased. In furtherance of conspiracy with accused No.1 the petitioners herein had committed crime on 03.07.2024. In the event they are enlarged on bail, they are likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss this petition. 7. FIR in Crime No.213/2024 was registered by Pulakeshinagara Police Station, Bengaluru City against accused Nos.1 and 2, since the first informant suspected the hand of accused Nos.1 and 2 in the murder of his brother Ajith. Petitioners herein who are now arraigned as - 6 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 accused Nos.2 and 3 in the chargesheet were arrested by the police on 03.07.2025 itself. Allegation in the chargesheet against the accused persons is that deceased Ajith and his friends had assaulted accused No.2 – Kiran in a birthday party of a common friend on 20.06.2024. Accused No.1, who is the brother of accused No.2 and Ajith had assaulted each other and after police came to the spot they had escaped from the spot. It is in this background, accused Nos.1 and 2 allegedly had a ill will against Ajith and they conspired with the other accused persons to commit the murder of Ajith. In furtherance of such a conspiracy, on 03.07.2024 at about 7:00 a.m., accused Nos.2 and 3 allegedly committed the murder of Ajith near Srinivasa Tent House at Kadirappa road within the Jurisdiction of Pulakeshinagar Police Station. As per the chargesheet allegations accused No.2 had assaulted deceased Ajith with a machete multiple times and accused No.3 had prevented the deceased from running away from the spot. - 7 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 8. C.W-4 is the sole alleged eye-witness to the incident in question. Her statement has been belatedly recorded on 19.07.2024. She has stated that she is working as a Pourakarmika in the Bangalore Municipal Corporation and on 03.07.2024, when she was sweeping the road she had seen two persons assaulting the deceased and when she raised a cry, people gathered and thereafter, the accused persons ran away. She has also stated that about 2 to 3 days after the incident she had not attended her duty and thereafter, she was regularly attending her duty. But her statement for the reasons best known to the police has been recorded after 16 days from the date of alleged incident. 9. Perusal of her statement would also go to show that the police have shown the photographs of the accused who were in custody and after seeing the said photographs C.W-4 had identified them. There is no test identification parade held in the present case in the manner known to law, though the accused persons were already in custody. - 8 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 Undisputedly, accused Nos.2 and 3 have no other criminal antecedents. Investigation of the case is completed and chargesheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petitions are allowed. The petitioners are directed to be enlarged on in S.C.No.9/2025 pending before the Court of XXVIth Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.213/2024 registered by Pulakeshinagar Police Station, Bengaluru City, for offences punishable under Sections 103(1), 238, 61(2) read with Section 3(5) of BNS, 2023 and Section 25(1B)(B) and 27 of the Arms Act, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties - 9 - NC: 2025:KHC:9671 CRL.P No. 913 of 2025 C/W CRL.P No. 2032 of 2025 for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 54 CT: BHK