- 1 - NC: 2025:KHC:9232 CRL.P No. 1486 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1486 OF 2025 BETWEEN: SHIMPU S/O PALANI AGED ABOUT 22 YEARS R/AT NO.38, NEAR DODDAMMA CHIKKAMMA TEMPLE JOLLY MAHALLA COTTON PET BENGALURU CITY - 560 053. …PETITIONER (BY SRI ELANGOVAN K, ADV.) AND: THE STATE OF KARNATAKA BY SHO, COTTONPET P.S. - 560 018 REP BY S.P.P. HIGH COURT COMPLEX BENGALURU CITY - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGED ON REGULAR BAIL TO THE PETITIONER IN CRIME.42/2024 AND S.C.NO.812/2024 BY THE COTTONPET POLICE, FOR THE ALLEGED OFFENCE P/U/S 143, 120(B), 302 R/W.149 OF IPC, WHICH IS PENDING BEFORE THE HONBLE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9232 CRL.P No. 1486 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.812/2024 pending before the Court of LXVII Addl. City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.42/2024 registered by Cottonpet Police Station, Bengaluru, for the offences punishable under Sections 143, 149, 120B and 302 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.42/2024 was registered by Cottonpet Police Station, Bengaluru, initially for the offences punishable under Section 302 read with Section 34 of IPC against Steefan and others. During the course of investigation of the case, petitioner herein was arrested on 09.03.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against six persons and petitioner is arraigned as accused No.3 in the charge sheet. Bail application filed by him before the jurisdictional Sessions Court in SC No.812/2024 was rejected on 23.01.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:9232 CRL.P No. 1486 of 2025 4. Learned counsel for the petitioner submits that even as per the charge sheet allegations, it was only accused Nos.1 and 2 who had stabbed the deceased Shiva and committed his murder. Petitioner was undisputedly not present at the spot of crime. Accused Nos.4 to 6 have been granted regular bail by this Court in Crl.P.No.11503/2024 and Crl.P.No.8781/2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner is a person with criminal antecedents and he had a strong ill-will against the deceased Shiva, who also was a rowdy sheeter. In the event, petitioner is enlarged on bail, he is likely to indulge in committing similar crime and he may also tamper with the prosecution witnesses. 6. FIR in the present case was registered on the complaint of Smt. Swapna, wife of deceased Shiva as against Steefan and others. Petitioner is arraigned as accused No.2 in the FIR. During the course of investigation, petitioner was arrested on 09.03.2024 and subsequently, remanded to judicial custody. Investigation is completed and charge sheet has been filed. - 4 - NC: 2025:KHC:9232 CRL.P No. 1486 of 2025 7. CW 2 and CW 3 are the eye witnesses to the incident in question. CW 2 as well as CW 3 have categorically stated that on 08.03.2024 at about 09.15 p.m. two persons who followed deceased Shiva had assaulted him with sharp weapons and committed his murder. The said witnesses have stated that they had seen the said two persons and after arrest of the accused persons, CW 2 and CW 3 have identified accused Nos.1 and 2 as the accused who had stabbed deceased Shiva on the night of 08.03.2024. Therefore, it is apparent that it was only accused Nos.1 and 2, who were present at the spot of crime and the petitioner herein was not present at the spot of crime. The allegation is that he had conspired along with other accused who had committed the crime. Accused Nos.4 to 6 as against whom similar allegations are found in the charge sheet have been granted regular bail by this Court in Crl.P.No.11503/2024 and Crl.P.No.8781/2024. Merely for the reason that petitioner is having some other criminal antecedents, the same cannot be a ground to reject his bail application when he is otherwise found entitled for the relief sought for by him. It is also brought to the notice of this Court that the last case registered against the petitioner was in the year 2020 and thereafter, he has not - 5 - NC: 2025:KHC:9232 CRL.P No. 1486 of 2025 involved himself in any crime. 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:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.812/2024 pending before the Court of LXVII Addl. City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.42/2024 registered by Cottonpet Police Station, Bengaluru, for the offences punishable under Sections 143, 149, 120B and 302 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:9232 CRL.P No. 1486 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN