- 1 - NC: 2025:KHC:10988 CRL.P No. 2655 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. 2655 OF 2025 BETWEEN: SURESH B S/O BALAJI AGED ABOUT 40 YEARS R/AT MAHIMAPURA VILLAGE THYAMAGONDLU H NELAMANGALA TALUK BENGALURU RUAL DISTRICT PERMANENT R/AT NO.365, 12A NITIRA INDIRANAGAR ALURU PATTI VILLAGE OMALOOR TALUK SELAM DISTRICT, TAMIL NADU - 636 455. …PETITIONER (BY SMT. SUMA K, ADV.) AND: STATE BY NELAMANGALA RURAL POLICE STATION, (BY PUBLIC PROSECUTOR) STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER/ ACCUSED ON THE ORDER PASSED BY THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN S.C.NO.01/2025 IN CR.NO.262/2024 BEFORE THE NELAMANGALA RURAL P.S ON 06.02.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10988 CRL.P No. 2655 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.1/2025 pending before the Court of IX Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.262/2024 registered by Nelamangala Rural Police Station, Bengaluru District for the offence punishable under Section 103 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 in Crime No.262/2024 was registered by Nelamangala Rural Police Station, Bengaluru District against the petitioner herein for the aforesaid offence, on the basis of first information dated 28.09.2024 received from CW1 Sri Ashok. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 28.09.2024. Investigation in the - 3 - NC: 2025:KHC:10988 CRL.P No. 2655 of 2025 case is complete and charge sheet has been filed against him for the aforesaid offence. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.1/2025 was dismissed on 06.02.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, the petitioner and the deceased Rajivgandhi Peramal were residing together in a rented premises and on 27.09.2024 a sum of Rs.45,000/- allegedly kept by the petitioner inside the room was found missing and therefore he had questioned his roommate Rajivgandhi Peramal and after quarrelling with him he allegedly had assaulted him with a bamboo stick. CW.1 Ashok had tried to interfere when the petitioner was assaulting deceased and the petitioner allegedly threatened CW.1 with dire consequences and continued to assault deceased. As a result, the injured Rajivgandhi Peramal fell down and thereafter the petitioner with the help of CWs.1 and 2 - 4 - NC: 2025:KHC:10988 CRL.P No. 2655 of 2025 shifted him to hospital and on advise he was subsequently shifted for better treatment to a bigger hospital. 6. It appears that the injured Rajivgandhi Peramal succumbed to his injury on 28.09.2024 at about 2.13 hours. From the aforesaid allegation found in the charge sheet, it appears that the petitioner had quarreled and assaulted his roommate, after his money was found missing. The injured Rajivgandhi Peramal was shifted to hospital by the petitioner with the help of CWs.1 and 2 and therefore a doubt arises whether the petitioner intended to commit his murder. 7. It is not in dispute that the petitioner has no criminal antecedents. He is in custody from 28.09.2024. Investigation of the case is complete and charge sheet has been filed. 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. 8. Accordingly, the following: - 5 - NC: 2025:KHC:10988 CRL.P No. 2655 of 2025 ORDER The petitioner is directed to be enlarged on bail in S.C.No.1/2025 pending before the Court of IX Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.262/2024 registered by Nelamangala Rural Police Station, Bengaluru District for the offence punishable under Section 103 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 (out of which one surety shall be local surety) 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:10988 CRL.P No. 2655 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