- 1 - NC: 2025:KHC:11898 CRL.P No. 2055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2055 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SUNIL KUMAR M. S/O MUNIRAMEGOWDA AGED ABOUT 31 YEARS, R/AT HALAHALLI, MANDYA TOWN, MANDYA PIN CODE - 571403 …PETITIONER (BY SRI. RAJU C.N., ADV.) AND: STATE BY HAROHALLI POLICE, KANAKAPURA TALUK, RAMANAGARA DISTRICT, REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE. PIN CODE - 560001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP.) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.276/2024 OF HAROHALLI POLICE, RAMANAGARA, ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMF COURT, KANAKAPURA, FOR THE OFFENCES P/U/S 103(1),238(b),352,54,3(5) OF BNS, 2023, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11898 CRL.P No. 2055 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in Crime No.276/2024 registered by Harohalli Police Station, Ramanagara, for offences punishable under Sections103(1), 238(b), 352, 54, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsels for the parties. 3. FIR in Crime No.276/2024 was registered by Harohalli Police Station, Ramanagara, against Kirana and three others initially for offence punishable under Sections 103(1), 238(b) and 3(5) of BNS-2023 on the basis of the first information dated 20.10.2024 received from Bharath.G - brother of deceased - Likhith.G. 4. During the course of investigation of the case, petitioner herein was arrested on 29.10.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against - 3 - NC: 2025:KHC:11898 CRL.P No. 2055 of 2025 five persons. Petitioner is arrayed as accused No.5 in the charge sheet. Bail application filed by the petitioner in Crl.Mis.No.5309/2024 before the Jurisdictional Sessions Court was rejected on 07.01.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner's name is not found in the FIR and he has no criminal antecedents. Allegation as against the petitioner is that, he had conspired with other accused persons to commit murder of Likhith.G and also instigated them. Investigation of the case is completed. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 7. Perusal of the material on record would go to show that Likhith.G, who had gone out of house on 18.10.2024 along with accused Nos. 1 to 4 had not returned home. Subsequently, a missing complaint was lodged on 19.10.2024 and thereafter, on 20.10.2024, after the dead body of Likhith.G was found, FIR in Crime No.276/2024 was registered by Harohalli Police - 4 - NC: 2025:KHC:11898 CRL.P No. 2055 of 2025 Station, Ramanagara against accused Nos. 1 to 4. Petitioner's name is not found in the FIR. 8. During course of investigation of the case, petitioner was arrested on 29.10.2024. After completing investigation, charge sheet is now filed against five person. In the charge sheet it is alleged that, petitioner who had ill-will against deceased - Likith.G, had conspired with accused Nos. 1 to 4 to commit the murder of Likith.G and also had instigated them. Undisputedly, petitioner was not present at the spot of crime and it was only accused Nos. 1 to 4, who allegedly had committed the murder of deceased. Petitioner has no other criminal antecedents. Investigation of the case is completed and the charge sheet is filed. 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. The petitioner is directed to be enlarged on bail in Crime No.276/2024 registered by Harohalli Police Station, Ramanagara, for offences punishable under Sections103(1), - 5 - NC: 2025:KHC:11898 CRL.P No. 2055 of 2025 238(b), 352, 54, 3(5) of BNS, subject to the following conditions: a) Petitioner shall execute 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; 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 SPV List No.: 1 Sl No.: 47