- 1 - NC: 2025:KHC:16747 CRL.P No. 2385 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. 2385 OF 2025 BETWEEN: ASHOK BABU V S/O VENKATESH AGED ABOUT 22 YEARS RESIDING AT 15TH CROSS 2ND MAIN, GANDHINAGAR KOLAR TOWN, KOLAR - 563 101. …PETITIONER (BY SRI KULKARNI ABDUL RASHEED SIKANDER SAB, ADV.) AND: THE STATE OF KARNATAKA BY NANDAGUDI POLICE STATION BENGALURU RURAL DISTRICT PIN - 562 122, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED NO.5 ON BAIL IN NANDAGUDI POLICE STATION CR.NO.148/2024 FOR THE ALLEGED OFFENCES P/U/S 103, 189(2), 191(2), 191(3), 61(2) R/W 190 OF THE BNS, 2023 ON THE FILE OF THE LRD. II ADDL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HOSAKOTE, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16747 CRL.P No. 2385 of 2025 ORAL ORDER Accused No.5 in Crime No.148/2024 registered by Nandagudi Police Station, Bengaluru District, for the offence punishable under Sections 103, 189(2), 191(2), 191(3), 61(2) R/w 190 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR Crime No.148/2024 was registered by Nandagudi Police Station, Bengaluru District for the aforesaid offences against four to five unknown persons, on the basis of first information dated 13.07.2024 received from Sri Shashanik V, who is the brother of deceased Bhargav B. During the course of investigation, the petitioner herein was arrested and remanded to judicial custody on 15.07.2024. Investigation in the case is complete and charge sheet has been filed against five persons. The petitioner herein is arraigned as accused No.5 in the charge sheet for the aforesaid offences. - 3 - NC: 2025:KHC:16747 CRL.P No. 2385 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.2786/2024 was dismissed on 16.01.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner's name is not found in the FIR. The alleged eye witnesses have not identified the petitioner in the test identification parade. Under Similar circumstances, accused No.2 has been granted regular bail by this Court in Crl.P.No.459/2025. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP, who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 7. Perusal of the material on record would go to show that, FIR was registered against four to five unknown persons, based on the first information submitted by the brother of deceased. CWs.2 to 4 are the alleged eye witnesses to the incident in question. Undisputedly, the - 4 - NC: 2025:KHC:16747 CRL.P No. 2385 of 2025 assailants were strangers to CWs.2 to 4. In the test identification parade that was subsequently held, the petitioner has not been identified by CWs.2 to 4. This Court has granted regular bail to accused No.2 in Crl.P.No.459/2025 for the reason that he was not identified by the alleged eye witnesses. Undisputedly, the petitioner has no criminal antecedents. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. 8. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.148/2024 registered by Nandagudi Police Station, Bengaluru District, for the offences punishable under Sections 103, 189(2), 191(2), 191(3), 61(2) R/w 190 of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:16747 CRL.P No. 2385 of 2025 a) The 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; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS