- 1 - NC: 2025:KHC:12043 CRL.P No. 2913 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. 2913 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: JAGADISH T @ JAGADEESHA T @ JAGGI AGED ABOUT 29 YEARS, S/O. LATE TANGAVELU, RESIDING AT NO.18, NAGARABHAVI, NEAR B.D.A. COMPLEX, BENGALURU - 560 091. (NOW UNDER DURESS AT THE CENTRAL PRISON, BELGAUM) …PETITIONER (BY SRI. RAGHAVENDRA K., ADVOCATE) AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, HULIYURDURGA POLICE STATION, TUMKUR DISTRICT - 572 123, REPRESENTED BY THE STAT PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 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 ORDER HIS ENLARGEMENT ON BAIL IN RELATION TO THE CASE IN S.C.NO.193/2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 120B, 341, 302, 201, 109, 212 READ WITH SECTION 149 OF THE INDIAN PENAL CODE IN CR.NO.279/2023 HULIYURDURGA P.S., PENDING ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:12043 CRL.P No. 2913 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.9 in SC.No.193/2024, pending before the Court of VIth Additional District and Sessions Judge, Tumakur, arising out of Crime No.279/2023 registered by Huliyurdurga Police Station, for the offences punishable under Sections 143, 147, 148, 120B, 341, 302, 201, 109, 212, 149 of the Indian Penal Code (for short 'the IPC') is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.279/2023 was registered by Huliyurdurga police station, initially for the offences punishable under Sections 143, 147, 148, 120B, 114, 302 and 149 of IPC against Auto Rama and other six persons on the basis of the first information dated 30.12.2023 received from Venkataramu Alias Ooty, who is the father of the deceased - Suresha. 4. During the course of investigation of the case, the petitioner herein was arrested on 06.01.2024 and - 3 - NC: 2025:KHC:12043 CRL.P No. 2913 of 2025 subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been field against 21 persons and petitioner is arrayed as accused No.9 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.117/2025 was rejected on 10.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that similarly placed accused Nos.8 and 12 have been granted regular bail by this Court in Crl.P.No.144/2025 and Crl.P.No.2113/2025. Eye witnesses have not made any specific allegation of overt act as against the petitioner herein. Petitioner has been enlarged on bail in the other criminal case, which was registered against him in the year 2017. Thereafter, he is not involved in any other criminal case. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. - 4 - NC: 2025:KHC:12043 CRL.P No. 2913 of 2025 7. Perusal of the material on record and the orders passed by this Court granting bail to the other co-accused would go to show that allegation of assaulting deceased- Suresha is as against accused Nos.3, 5, 6 and 8 to 13. Accused Nos.1, 2, 4 and 14 to 21 allegedly had conspired with the aforesaid accused to commit the murder of deceased-Suresh. CWs.2 and 3 are the alleged eye witnesses to the incident in question and in their statement under Section 161, as well as under Section 164 of Cr.P.C, specific allegations are made by CWs.2 and 3 only as against accused No.3-Nagesha. It is under these circumstances, this Court has granted regular bail to accused No.8 and 12. 8. Perusal of the material on record would go to show that the material available against the petitioner is similar to accused Nos.8 and 12, who have been granted regular bail by this Court. Under such circumstances, 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:- - 5 - NC: 2025:KHC:12043 CRL.P No. 2913 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in SC.No.193/2024 registered by Huliyurudurga Police Station, for the offences punishable under Sections 143, 147, 148, 120B, 341, 302, 201, 109, 212, 149, 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; - 6 - NC: 2025:KHC:12043 CRL.P No. 2913 of 2025 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 BH List No.: 1 Sl No.: 12