- 1 - NC: 2025:KHC:11406 CRL.P No. 2948 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2948 OF 2025 BETWEEN: 1. RAMESH S/O SHEKAR AGED ABOUT 39 YEARS R/AT NO.165, BELUR AMBEDKAR NAGAR BANGALORE - 560 037. 2. MANOJ KUMAR R @ MANOJ R S/O RAJU AGED ABOUT 24 YEARS R/AT NO.62, BELUR AMBEDKAR NAGAR YEMALUR, BANGALORE - 560 037. …PETITIONERS (BY SMT. NAGAMANI V, ADV.) AND: STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN C.C.NO.75295/2024 (CR.NO.514/2024) FOR THE OFFENCE P/U/S 109, 103, 351(2), 352 R/W 3(5) OF BNS, 2023 OF MARATHAHALLI POLICE STATION, PENDING ON THE FILE OF 29TH ADDL. CMM COURT, MAYOHALL, BENGALURU CITY. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11406 CRL.P No. 2948 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 Nos.2 and 3 in Crime.No.514/2024 registered by Marathahalli Police Station, Bengaluru City for the offences punishable under Sections 109, 103, 351(2), 352 R/w 3(5) of BNS, 2023 are before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.514/2024 was registered by Marathahalli Police Station, Bengaluru City initially for the offences punishable under Sections 109, 351(2), 352 R/w 3(5) of BNS, 2023 against Saravana and two others on the basis of the first information dated 24.09.2024 submitted by Smt Selvi, wife of deceased Vasudevan. During the course of investigation, the petitioners herein who are arraigned as accused Nos.2 and 3 in the FIR were arrested on 27.09.2024 & 25.09.2024 respectively. Investigation of the case is complete and charge sheet is - 3 - NC: 2025:KHC:11406 CRL.P No. 2948 of 2025 now filed against 8 persons. The petitioners are arraigned as accused Nos.2 and 3 in the charge sheet. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.26212/2024 was rejected on 13.02.2025. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners submits that the petitioners are persons who have no criminal antecedents. The allegation of assaulting deceased on his head with a iron spade is only as against accused No.1. Accused Nos.4 to 8 have been already granted regular bail. Accordingly, he prays to allow the petition. 6. Per contra, the learned HCGP has opposed the bail application. She submits that the petitioners are from same locality and therefore chances of tampering with material prosecution witness cannot be ruled out. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:11406 CRL.P No. 2948 of 2025 7. Perusal of the material on record would go to show that there was a dispute between family members of the accused and family members of the deceased with regard to drawing of pipeline and it is in this background accused No.3 and CW.2 Selva, who is the brother of the first informant had fought against each other. 8. In the charge sheet it is alleged that on 23.09.2024 at about 10.30 p.m, family members of the accused and family members of the deceased had fought against each other and in the said incident, the allegation of assaulting deceased Vasudevan on his head with iron spade is against accused No.1. Accused No.3 allegedly had handed over the iron spade to accused No.1 and accused No.2 had assaulted the deceased with hands and other accused persons had instigated accused Nos.1 to 3 to assault deceased and commit his murder. 9. From the allegation found in the charge sheet it is apparent that the allegation of assaulting deceased on his head is only as against accused No.1, who is in - 5 - NC: 2025:KHC:11406 CRL.P No. 2948 of 2025 custody. The post mortem report of the deceased would go to show that, the death is due to 'head injury' Undisputedly, the petitioners do not have any criminal antecedents. Under these circumstances, I am of the opinion that the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime.No.514/2024 registered by Marathahalli Police Station, Bengaluru City for the offences punishable under Sections 109, 103, 351(2), 352 R/w 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:11406 CRL.P No. 2948 of 2025 b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; SD/- (S VISHWAJITH SHETTY) JUDGE NMS