- 1 - NC: 2025:KHC:11901 CRL.P No. 2659 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2659 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: V NIKHIL S/O V NARENDRA, AGED ABOUT 26 YEARS, R/AT H N.165 M5, AIRPORT ROAD, BELLARY-583104 (NOW IN JUDICIAL CUSTODY SINCE 23-01-2025) …PETITIONER (BY SRI. NATARAJ D., ADVOCATE) AND: STATE OF KARNATAKA BY SAMPIGEHALLI POLICE STATION, BANGALORE-560092 REP. BY STATE PUBLIC PROSECUTOR, HCK BUILDING, BANGALORE - 560001. …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 HIM ON REGULAR BAIL IN CR.NO.21/2025 REGISTERED AT SAMPIGEHALLI POLICE STATION FOR THE OFFENCES P/U/S 140(1), 308(2) R/W SEC.3(5) OF BNS IN FIR, PENDING BEFORE THE XLI ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11901 CRL.P No. 2659 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.21/2025 registered by Sampigehalli Police Station, Bengaluru for offences punishable under Sections 140(1), 308(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsels for the parties. 3. FIR in Crime No.21/2025 was registered by Sampigehalli Police Station, Bengaluru, against the petitioner and two unknown persons for the aforesaid offences on the basis of the first information dated 22.01.2025 received from Nadigatla Shanmukha Sai Devid Kalyan - son of Nadigatla Ishawar Rao. 4. During the course of investigation of the case, petitioner herein was arrested on 23.01.2025 and subsequently, remanded to judicial custody. Bail application - 3 - NC: 2025:KHC:11901 CRL.P No. 2659 of 2025 filed by the petitioner in Crl.Mis.No.804/2025 before the Jurisdictional Sessions Court which was rejected on 04.02.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner and the alleged victim are friends. It appears that they had certain monitory transaction and only after a demand was made by the petitioner for repayment of money, a false complaint has been lodged belatedly with an intention to harras the petitioner. Petitioner is in custody from 23.01.2025. Major portion of the investigation is completed. 6. Per contra, learned High Court Government Pleader has opposed the petition. She submits that accused Nos. 2 and 3 are still absconding and investigation of the case is under progress. Accordingly, prays to dismiss the petition. 7. Perusal of the first information submitted on 22.01.2025 by the alleged victim would go to show that, at about 11.30 pm on 20.01.2025, three persons allegedly entered into the house and demanded Rs.1,50,000/-. He has stated that, out of the three persons who had entered his house, he knew one of them, who is the petitioner in the present case. Therefore, FIR has been registered against the - 4 - NC: 2025:KHC:11901 CRL.P No. 2659 of 2025 petitioner and two unknown persons. Though the alleged incident had taken place in the house of the victim on the night of 20.01.2025, first information is belatedly submitted on 22.01.2025 at about 16.30 hours. 8. Learned High Court Government Pleader on instruction submits that, victim has not suffered any injury in the incident in question. In the remand application of the petitioner, it is found that petitioner has revealed the name of other two persons who were with him on the alleged date of incident. According to the petitioner, he had a monitory transaction with the first informant and only after demand was made for repayment of the said amount, a false complaint has been filed belatedly for extraneous reasons. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.21/2025 registered by Sampigehalli Police Station, - 5 - NC: 2025:KHC:11901 CRL.P No. 2659 of 2025 Bengaluru for offences punishable under Sections 140(1), 308(2) read with Section 3(5) of BNS, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; 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 SPV List No.: 1 Sl No.: 54