- 1 - NC: 2025:KHC:10959 CRL.P No. 2162 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2162 OF 2025 BETWEEN: 1. NAGARAJ S @ NAGA S/O LATE SAMPA AGED ABOUT 38 YEARS R/O AT NO.15 JCW NAGAR SHESHADRIPURAM BENGALURU - 560 020. 2. AJAY M S/O MUNISWAMY AGED ABOUT 26 YEAS R/O AT NO.53, JCW NAGAR SHESHADRIPURAM BENGALURU - 560 020. 3. NAVEEN KUMAR K @ NAVEEN @ BRUCLEE S/O KANNAN AGED ABOUT 23 YEARS R/AT MUNESHWARA TEMPLE 3RD CROSS, MALLESHWARAM BENGALURU -560 020. …PETITIONERS (BY SRI PRASANNA RAO R, ADV.) AND: STATE BY SHESHADRIPURAM P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10959 CRL.P No. 2162 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CR.NO.78/2024 OF RESPONDENT SHESHADRIPURAM P.S, REGISTERED FOR ALLEGED OFFENCES P.U.S 103(1), 126(2), 61(2), 190 OF BNS 2023 AND U/S 4, 25-1(B)(b) OF ARMS ACT, 1959 PENDING BEFORE HONBLE 1ST ACMM IN C.C.NO.36334/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.5, 6 and 8 in SC No.216/2025 pending before the Court of LII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.78/2024 registered by Seshadripuram Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 61(2), 126(2) and 190 of BNS, 2023 and Sections 4 and 25-1(B)(b) of the Arms Act, 1959, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.78/2024 was registered by Seshadripuram Police Station, Bengaluru City, for the aforesaid offences against Naga and 14 others on the basis of the first information dated 01.08.2024 received from one Charulatha K. - 3 - NC: 2025:KHC:10959 CRL.P No. 2162 of 2025 During the course of investigation, petitioners were arrested on 11.08.2024. Investigation in the case is completed and charge sheet has been filed. Petitioners are arraigned as accused as accused Nos.5, 6 and 8 in the charge sheet. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.11794/2024 was rejected on 23.01.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that allegation against the petitioners herein is that they had conspired with other accused persons to commit the murder of Ajithkumar. The allegation of assaulting Ajithkumar and committing his murder is only as against accused Nos.1 and 2, who are in custody. Similarly placed other accused persons have been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioners are persons with criminal antecedents and they are involved in another criminal case registered for the offence punishable under Section 307 of IPC. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:10959 CRL.P No. 2162 of 2025 6. A perusal of the material on record would go to show that deceased Ajithkumar was an accused in Crime No.128/2022 registered by Sheshadripuram Police Station, Bengaluru, for having committed murder of Ganeshraj @ Ganesh. It is in this background, accused Nos.3, 4, 12 and 13, who are the relatives of deceased Ganeshraj, had conspired with other accused persons to commit the murder of Ajithkumar and in furtherance of such conspiracy, accused No.3 allegedly had given supari to accused Nos.1, 2, 5, 6, 7, 8, 9, 10, 11 and 14 to commit the murder of Ajithkumar. Ajithkumar, who was in custody in Crime No.128/2022 was enlarged on bail. On 01.08.2024 at 03.38 p.m. when Ajithkumar was riding his motor bike, accused Nos.1 and 2, who followed him in a two wheeler intercepted his motor bike and thereafter assaulted him with deadly weapons and committed his murder. The allegation as against other accused persons is that they had conspired to commit the murder of Ajithkumar while allegation of assaulting Ajithkumar and committing his murder is only as against accused Nos.1 and 2. Similarly placed other accused persons have been granted regular bail by this Court. It is not in dispute that in the other criminal case, which is registered against the petitioners, they - 5 - NC: 2025:KHC:10959 CRL.P No. 2162 of 2025 are already enlarged on bail. Petitioners are in custody in the present case from 11.08.2024 onwards. Under the circumstances, I am of the opinion that their prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.216/2025 pending before the Court of LII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.78/2024 registered by Seshadripuram Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 61(2), 126(2) and 190 of BNS, 2023 and Sections 4 and 25-1(B)(b) of the Arms Act, 1959, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 6 - NC: 2025:KHC:10959 CRL.P No. 2162 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE DN