- 1 - NC: 2025:KHC:13017 CRL.P No. 1970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1970 OF 2025 BETWEEN: MR. ANVARAKANA, S/O ASAM KAHAN, AGED ABOUT 21 YEARS, R/AT NO.348, 11TH CROSS, HALASUR, BENGALURU -570 008. …PETITIONER (BY SRI. S. SHEHINSHA ALI, ADVOCATE) AND: STATE BY MAHADEVAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 1. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO. 196/2023 REGISTERED AT MAHADEVAPURA POLICE STATION, FOR OFFENCE P/U/S 302, 120B, 34 OF IPC WITH SC.NO.1800/2023 PENDING BEFORE THE HONBLE XIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-22). Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13017 CRL.P No. 1970 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 in S.C.No.1800/2023 pending before the Court of XIII Additional City Civil and Sessions Court, Mayo hall Unit, Bengaluru, arising out of Crime No.196/2023 registered by Mahadevapura Police Station, Bengaluru City, for the offence punishable under Sections 302, 120B read with Section 34 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.196/2023 was registered by Mahadevapura Police Station, Bengaluru City initially for offence punishable under Section 302 of IPC against unknown persons, based on the first information dated 19.05.2023 received from Sindamarai K., brother of deceased Udayakumar. - 3 - NC: 2025:KHC:13017 CRL.P No. 1970 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 19.05.2023. After completion of investigation, charge sheet has been filed against two persons. Petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Trial court in S.C.No.1800/2023 was rejected on 30th October, 2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner having reiterated the ground urged in this petition as prayed to allow this petition. 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons. During the course of investigation petitioner was arrested on 19.05.2023 and after completion of investigation, charge sheet was filed against - 4 - NC: 2025:KHC:13017 CRL.P No. 1970 of 2025 two persons. Accused No.2 is the wife of deceased Udayakumar. Allegation against the accused persons in the charge sheet is that accused Nos.1 and 2 had illicit relationship and therefore they had decided to eliminate Udayakumar, who was the husband of accused No.2. On 18.05.2023, petitioner had gone to the house of deceased Udayakumar and at about 21:54 hours, he had assaulted Udayakumar with a iron knife and had committed his murder. The entire case of the prosecution is based on circumstantial evidence. Accused No.2 is already enlarged on bail. Petitioner aged about 20 years is in custody from 19.05.2023. Investigation of the case is completed and charge sheet has been filed. Till date, trial in the case has not yet commenced. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 5 - NC: 2025:KHC:13017 CRL.P No. 1970 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.1800/2023 pending before the Court of XIII Additional City Civil and Sessions Court, Mayo hall Unit, Bengaluru, arising out of Crime No.196/2023 registered by Mahadevapura Police Station, Bengaluru City, for the offence punishable under Sections 302, 120B read with Section 34 of IPC, 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; 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; - 6 - NC: 2025:KHC:13017 CRL.P No. 1970 of 2025 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 KVR List No.: 1 Sl No.: 31 CT: BHK