- 1 - NC: 2025:KHC:14916 CRL.P No. 1929 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 1929 OF 2025 BETWEEN: PRASHANTH @ KULLA SWAMY S/O DEENADAYAL, AGED ABOUT 22 YEARS, R/AT NO.02, NEAR SAMUDAYABHAVANA, 1ST CROSS, A.K. COLONY, ADUGODI, BENGALURU- 560 030. …PETITIONER (BY SRI R.VINAYAK FOR SRI LAKSHMIKANTH K, ADVOCATES) AND: STATE OF KARNATAKA BY ADUGODI POLICE STATION, BENGALURU, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. …RESPONDENT (BY SMT.N.ANITHA GIRISH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.296/2023 OF RESPONDENT ADUGODI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 302, 307 R/W 149 OF IPC, PENDING ON THE FILE OF LXV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-66) IN CRL. MISC. No.11954/2024. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14916 CRL.P No. 1929 of 2025 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.3 in Crime No.296/2023 registered by Adugodi Police Station, Madivala Sub Division, Bengaluru, for the offences punishable under Sections 143, 147, 148, 307, 302 r/w Section 149 of the Indian Penal Code, is before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR came to be registered in Crime No.296/2023 by Adugodi Police, Madivala Sub Division, Bengaluru, against Vinay @ Patru and others for the aforesaid offences, based on the first information received from one Mohan @ Prakash on 09.10.2023 who is the relative of deceased Srinivas. 4. During the course of investigation, petitioner was arrested on 09.10.2023 and subsequently remanded to custody. Investigation of the case is completed and charge sheet has been filed against seven accused persons. Petitioner - 3 - NC: 2025:KHC:14916 CRL.P No. 1929 of 2025 is arrayed as accused No.3 in the charge sheet. His bail application filed before the LXV Addl. City Civil and Sessions Judge, Bengaluru, in Crl.Misc. No.11954/2024 was dismissed on 08.01.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner is a youngster having no criminal antecedents. He is in custody for the last 1½ years. Accused No.7 has been granted regular bail by this Court in Crl.P. No.8677/2024. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader opposes the petition. 7. A perusal of the material on record would go to show that accused persons named in the charge sheet had quarreled with deceased Srinivas on 19.09.2023 during the procession of Ganesha idol and therefore, they had vengeance against him. On 08.10.2023, Ganesha idol that was kept at Bazar Street, which is within the jurisdiction of Adugodi Police Station, was taken in procession and on the said date, the accused persons who had planned to murder Srinivas, had kept weapons in the crane which was used for immersion of Ganesha idol. At about - 4 - NC: 2025:KHC:14916 CRL.P No. 1929 of 2025 8.00 pm on 08.10.2023, the accused persons named in the charge sheet who found Srinivas, abused him and thereafter, assaulted him with deadly weapons. The allegation of assaulting Srinivas with deadly weapons is found in the charge sheet as against accused Nos.1 to 7. But, there are no specific overt acts attributed to any one of the accused named in the charge sheet about assaulting deceased Srinivas. 8. The allegation of assaulting injured victim-C.W.3 with deadly weapons and attempting to commit her murder is found against accused Nos.1 to 3. C.W.3 who is eye witness also has not spoken about the specific overt acts of the petitioner insofar as assaulting deceased Srinivas. 9. Considering the aforesaid aspects of the matter, accused No.7 has been granted regular bail in Crl.P.No.8677/2024. Petitioner is aged about 22 years and undisputedly, has no criminal antecedents. He is in custody for the last 1½ years. Out of 51 charge sheet witnesses cited in the present case only one witness has been examined as P.W.1 till date. 10. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is - 5 - NC: 2025:KHC:14916 CRL.P No. 1929 of 2025 required to be answered affirmatively, without reference to merits and demerits of the case. 11. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.296/2023 registered by the Adugodi Police Station, Bengaluru for the offence punishable under Sections 143, 147, 148, 302, 307 read with Section 149 of IPC, subject to the following conditions: a) Petitioner shall execute a 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:14916 CRL.P No. 1929 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 kcm List No.: 1 Sl No.: 52