- 1 - NC: 2025:KHC:9592 CRL.P No. 2494 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2494 OF 2025 BETWEEN: SRI GANESHA S/O GURUSIDDASHETTY AGED ABOUT 23 YEARS RESIDING AT HUNASANALU VILLAGE NANJANGUD TALUK MYSURU DISTRICT - 571 312. (PRESENTLY IN J.C) …PETITIONER (BY SRI SRINIVASA D.C, ADV.) AND: STATE OF KARNATAKA BY NANJANGUD RURAL POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.2 IN THE CASE REGISTERED BY THE RESPONDENT NANJANGUD RURAL POLICE IN S.C. NO.18/2025 (CR. NO.165/2024) AGAINST THE PETITIONER/ACCUSED NO.2 UNDER SECTION 126 (2), 352, 118 (1), 103 (1) R/W. 3 (5) OF BNS, PENDING ON THE FILE OF THE HONBLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU. 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:9592 CRL.P No. 2494 of 2025 ORAL ORDER Accused No.2 in S.C.No.18/2025 pending before the Court of I Addl. District & Sessions Judge, Mysuru arising out of Crime No.165/2024 registered by Nanjanagudu Rural Police Station, Mysuru District for the offences punishable under Sections 126(2), 352, 118(1), 103(1) R/w 3(5) of BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.165/2024 was registered by Nanjanagudu Rural Police Station, Mysuru District initially for offences punishable under Sections 126(2), 118(1), 103(1) R/w 3(5) of BNS, 2023 against Mahadevashetty and two others on the basis of first information dated 06.09.2024 received from Mahadevashetty S/o late Rangashetty. During the course of investigation of the case, the petitioner herein was arraigned as accused No.2 in the FIR and was arrested on 09.09.2024. Investigation - 3 - NC: 2025:KHC:9592 CRL.P No. 2494 of 2025 of the case is complete and charge sheet has been filed and in the charge sheet petitioner herein is arraigned as accused No.2. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.18/2025 was dismissed on 05.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that petitioner is a person having no criminal antecedents. The only allegation made against him in the charge sheet is that he was present along with accused No.1 who had assaulted deceased and committed his murder. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that, accused No.1 suspected that deceased had illicit relationship with his wife. Therefore, he had ill-will against deceased. On 06.09.2024 at about 10.50 a.m, - 4 - NC: 2025:KHC:9592 CRL.P No. 2494 of 2025 accused No.1 who has armed with iron rod abused deceased in front of bakery at Koodlapura road, Hunasanalu village within the jurisdiction of Nanjanagudu Rural Police Station and he allegedly asked the petitioner and another juvenile accused to catch hold of deceased and accordingly when accused No.2 and juvenile caught hold of deceased, accused No.1 allegedly assaulted deceased with iron rod and committed his murder. Except aforesaid allegation there is no other allegation as against the petitioner. 8. The petitioner who is aged about 23 years has no criminal antecedents and he is in custody from 09.09.2024. Investigation of the case is complete and charge sheet has been filed. The trial in the case is yet to commence. 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. 9. Accordingly, the following: - 5 - NC: 2025:KHC:9592 CRL.P No. 2494 of 2025 ORDER The petitioner is directed to be enlarged on bail in S.C.No.18/2025 pending before the Court of I Addl. District & Sessions Judge, Mysuru arising out of Crime No.165/2024 registered by Nanjanagudu Rural Police Station, Mysuru District for the offences punishable under Sections 126(2), 352, 118(1), 103(1) R/w 3(5) of BNS, 2023, subject to the following conditions: 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; - 6 - NC: 2025:KHC:9592 CRL.P No. 2494 of 2025 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