- 1 - NC: 2025:KHC:16726 CRL.P No. 2286 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2286 OF 2025 BETWEEN: VINSAN @ GUNDA @ VINSEN.M S/O LATE MARTIN, AGED ABOUT 21 YEARS, R/O NO. 34, 8TH A CROSS, R.A. ROAD, EJIPURA, VIVEKNAGAR, BENGALURU - 560 047. …PETITIONER (BY SRI. CHANDAN K.,ADVOCATE) AND: STATE OF KARNATAKA, BY VIVEKNAGAR POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SRI.K. NAGESHWARAPPA., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED NO.3 ON BAIL IN CR.NO.01/2024 (NOW SC NO.796/2024) REGISTERED BY THE VIVEKNAGAR POLICE STATION FOR THE OFFENCES P/U/S 109, 34, 307, 120B, OF IPC ON THE FILE OF XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU (CCH-20). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:16726 CRL.P No. 2286 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in SC.No.796/2024 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.1/2024 registered by Viveknagar Police Station, Bengaluru City, for offences punishable under Sections 109, 307, 120B and read with Section 34 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard. 3. FIR in Crime No.1/2024 was registered by Viveknagar Police Station, Bengaluru City, initially for offences punishable under Sections 109, 307 read with Section 34 of IPC against Dharma and others, based on the first information dated 04.01.2024 received from Parthiban @ Vicky, who is the injured victim in the present case. - 3 - NC: 2025:KHC:16726 CRL.P No. 2286 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 07.01.2024. After completing investigation, charge sheet has been filed against four persons. Petitioner is arraigned as accused No.3 in the charge sheet. Bail application filed by the petitioner before the trial Court in S.C.No.796/2024 was rejected on 9th August, 2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that allegation as against the petitioner and accused No.2 are identical. Petitioner's name is not found in the FIR. Accused No.2 has been granted regular bail by the coordinate Bench of this Court in Crl.P.No.184/2025. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 7. Petitioner had earlier approached this Court along with accused Nos.1 and 2 in Crl.P.No.5510/2024 - 4 - NC: 2025:KHC:16726 CRL.P No. 2286 of 2025 which was dismissed on 08.07.2024. Subsequently, accused No.2 had filed Crl.P.No.184/2025 before the coordinate Bench of this Court which was allowed on 23rd January, 2025. This Court has taken note of the fact that test identification parade was not conducted by the Investigation Officer to confirm the identity of the accused while granting bail to accused No.2 in Crl.P.No.184/2025. Petitioner's name is not found in the FIR and therefore, it is apparent that he was not identified by the victim and undisputedly no test identification parade has been held in the manner known to law by the Investigation Officer after accused persons were arrested. Petitioner is in custody from 07.01.2024. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following: ORDER The petition is allowed. - 5 - NC: 2025:KHC:16726 CRL.P No. 2286 of 2025 The petitioner is directed to be enlarged on bail in SC.No.796/2024 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.1/2024 registered by Viveknagar Police Station, Bengaluru City, for offences punishable under Sections 109, 307, 120B and 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:16726 CRL.P No. 2286 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.: 26