- 1 - NC: 2025:KHC:11169 CRL.P No. 2510 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2510 OF 2025 BETWEEN: SURESH S/O BHIMANNA AGED ABOUT 53 YEARS R/AT KALYANDURGA S.T COLONY NEAR VENKATESHWARA TEMPLE, KALYANDURGA TOWN, BNAGALORE CITY, KARNATAKA PIN CODE - 560 097. …PETITIONER (BY SRI RANGANATH REDDY R, ADV.) AND: STATE BY THE STATION HOUSE OFFICER, BELLANDUR POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR (HIGH COURT OF KARNATAKA) PIN CODE - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED ON BAIL ON IN CRIME NO.689/2024 REGISTERED BY BELLANDURU POLICE STATION REGISTERED IN 41ST ACMM AT BANGALORE AND PENDING AS CC NO.1294/2025 FOR OFFENSES PUNISHABLE UNDER SECTION 103,61,189(2),190,191(2), 191(3), 238, 240 OF BNS ACT 2023 BEFORE THE 41ST ACMM AT BANGALORE. 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:11169 CRL.P No. 2510 of 2025 ORAL ORDER Accused No.3 in Crime No.689/2024 registered by Bellanduru Police Station, Bengaluru City for the offence punishable under Sections 103, 61, 189(2), 190, 191(2), 191(3), 238, 239, 240 of BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.689/2024 registered by Bellanduru Police Station, Bengaluru City initially for the offence punishable under Section 103 of BNS, 2023 against unknown person, on the basis of first information dated 14.10.2024 received from Smt. Nagarathna, who is the wife of deceased Thippesh. During the course of investigation, the petitioner herein was arrested on 19.10.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet is now filed against five accused persons and the petitioner - 3 - NC: 2025:KHC:11169 CRL.P No. 2510 of 2025 herein is arraigned as accused No.3 in the charge sheet filed for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.710/2025 was dismissed on 13.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the petitioner has no other criminal antecedents and the entire case of the prosecution is based on circumstantial evidence. Investigation of the case is complete and FSL and DNA report does not support the case of the prosecution. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 7. The material on record would go to show that after the body of deceased Thippesh was found, his wife - 4 - NC: 2025:KHC:11169 CRL.P No. 2510 of 2025 Smt. Nagarathnamma, who is now arraigned as accused No.1 in the charge sheet had approached the Police and submitted first information, based on which FIR in Crime No.689/2024 was registered by Bellanduru Police Station against unknown person for the offence punishable under Section 103 of BNS, 2023. During the course of investigation, the Police have arrested five accused persons and after completing investigation, charge sheet has been filed against said five accused persons. 8. As per charge sheet allegation, accused No.1, who was married to deceased Thippesh had illicit relationship with accused No.2 and since Thippesh was doubting his wife, accused Nos.1 and 2 had decided to eliminate him. Accordingly, they had conspired with accused Nos.3 to 5 and in furtherance of such conspiracy, on 14.10.2024 accused No.1 brought Thippesh to a eucalyptus tree garden where accused Nos.2 to 5 were waiting. It is alleged that accused Nos.1 to 5 thereafter assaulted Thippesh and committed his murder. - 5 - NC: 2025:KHC:11169 CRL.P No. 2510 of 2025 9. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, the petitioner has no other criminal antecedents. Learned HCGP has produced FSL as well as DNA report and has fairly submitted that the said documents do not support the case of the prosecution. 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. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.689/2024 registered by Bellanduru Police Station, Bengaluru City for the offence punishable under Sections 103, 61, 189(2), 190, 191(2), 191(3), 238, 239 & 240 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; - 6 - NC: 2025:KHC:11169 CRL.P No. 2510 of 2025 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