- 1 - HC-KAR NC: 2025:KHC:20348 CRL.P No. 1818 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.1818 OF 2025 BETWEEN: KIRAN N. @ KUMBI S/O. NARAYANASWAMY AGED ABOUT 24 YEARS RESIDING AT NEAR RAJARAJESHWARI KALYANAMANTAPA LAKSHMAMMA LAYOUT, BANNERUGATTA ROAD, FRONT OF I.B., ANEKAL TOWN BENGALURU DISTRICT-562 106. …PETITIONER (BY SRI MANJUNATH M.R., ADVOCATE) AND: THE STATE OF KARNATAKA BY ANEKAL POLICE, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.61 OF 2024 OF ANEKAL POLICE STATION, BENGALURU RURAL, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 504, 323 AND 506 READ WITH SECTION 149 OF THE IPC AND NOW REGISTERED AS CRIMINAL CASE NO.2816 OF 2024 WHICH IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JUDICIAL MAGISTRATE FIRST CLASS, ANEKAL, BENGALURU RURAL DISTRICT. THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20348 CRL.P No. 1818 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Sessions Case No.5020 of 2024 pending before the Court of the III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.61 of 2024 registered by Anekal Police Station, Bengaluru Rural, for the offences punishable under Sections 302, 504, 323 and 506 read with Section 149 of the Indian Penal Code, 1860, is before this Court under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.61 of 2024 was registered by Anekal Police Station, Bengaluru Rural, initially for the offences punishable under Sections 143, 147, 148, 302, 120B and 201 read with Section 149 of the Indian Penal Code, 1860, against Viji alias Vijay and others based on the first information dated 24-2-2024 received from Syed Ghous, S/o. Nawab John, who is the alleged eyewitness to - 3 - HC-KAR NC: 2025:KHC:20348 CRL.P No. 1818 of 2025 the incident in question. During the course of investigation, the petitioner herein was arrested on 29-2-2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge-sheet has been filed against seven persons. The bail application filed by the petitioner before the jurisdictional Sessions Court in Criminal Miscellaneous No.5284 of 2024 was rejected on 19-8-2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner's name is not found in the First Information Report and allegation of assaulting the deceased on his chest is against accused No.1-Viji @ Vijay and accused No.5-Shashi @ Shashikumar in the First Information Report. Except the petitioner, all the accused persons have been granted regular bail in this case by this Court. The petitioner has no other criminal antecedents and he is in custody for more than fifteen months. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:20348 CRL.P No. 1818 of 2025 5. Per contra, the learned High Court Government Pleader for the respondent-State opposes the petition. He submits that the death of the deceased is as a result of injury sustained on the chest and allegation in the charge- sheet of assaulting the deceased on his chest is against the petitioner. Therefore, he prays to dismiss the petition. 6. In the first information, which is submitted by Syed Ghous (CW1), who is one of the alleged eyewitnesses to the incident in question, he has stated that he and his friends had gone near the house of accused No.1 along with the deceased and thereafter, the deceased started quarreling with accused No.1. Accused No.1 called his friend accused No.5 and thereafter, accused Nos.1 and 5 allegedly quarreled with the deceased and others, who had gone near the house of accused No.1. At the said time, the deceased allegedly took out a machete and tried to assault accused Nos.1 and 5. When the first informant and others, who were present with the deceased, tried to pull the deceased, accused Nos.1 and 5 - 5 - HC-KAR NC: 2025:KHC:20348 CRL.P No. 1818 of 2025 allegedly assaulted the deceased with deadly weapons on his chest, back and other parts of the body. Other persons, who were present along with accused No.5, allegedly held the legs of the deceased and made him fall on the ground. Thereafter, accused Nos.1, 5 and 6 allegedly assaulted the deceased and at the said time, the Police arrived at the spot. 7. The petitioner's name is not found in the First Information Report and there is no specific overt act alleged against any other persons, except the accused, who are named in the First Information Report. During the course of investigation, seven persons have been arrested and charge-sheet is now filed against all the said seven accused. Accused Nos.1 and 5 have been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.9180 of 2024, accused Nos.6 and 7 have been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.6322 of 2024, and accused Nos.2 and 4 have been granted regular bail by the Co-ordinate - 6 - HC-KAR NC: 2025:KHC:20348 CRL.P No. 1818 of 2025 Bench of this Court in Criminal Petition No.8989 of 2024. Undisputedly, the petitioner has no other criminal antecedents. Even though in the charge-sheet, there is allegation that the petitioner has assaulted the deceased on his chest, no such allegation is found in the first information submitted by the eyewitness to the incident in question. The petitioner is in custody for the last more than fifteen months. 8. Under the circumstances, I am of the opinion that the petitioner's prayer for grant of regular bail is required to be answered affirmatively, subject to appropriate conditions. 9. Accordingly, the following:- O R D E R The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.61 of 2024 of Anekal Police Station, Bengaluru Rural, registered for the offences punishable under Sections 302, 504, 323 and 506 read with Section 149 of the Indian Penal Code, 1860, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:20348 CRL.P No. 1818 of 2025 i. The petitioner shall execute personal bond for a sum of `1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future, and v. 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 KVK List No.: 1 Sl No.: 33