- 1 - NC: 2025:KHC:13578 CRL.P No. 3580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3580 OF 2025 BETWEEN: DHANRAJ S/O LATE BASAVARAJU, AGED ABOUT 33 YEARS, R/AT NO.4284, 2ND CROSS, SHANKARAPURA, NANJANGUD TOWN, MYSORE DISTRICT. PIN-571301. …PETITIONER (BY SRI. PARAMESWARAPPA C., ADVOCATE) AND: THE STATE OF KARNATAKA BY NANJANGUD RURAL POLICE STATION MYSURU DISTRICT - 571301 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP.) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE HIM ON BAIL IN CONNECTION WITH CR.NO.191/2024 OF NANJANGUD RURAL POLICE STATION, MYSURU DISTRICT FOR THE AFORESAID OFFENCES P/U/S 103(1), 111(2)(a), 61(2), 49 R/W SEC. 3(5) OF BNS, 2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC AT NANJANGUD MYSORE, IN C.C.NO.22/2025 FOR COMMITTAL OF THE CASE TO THE LEARNED SESSION JUDGE FOR TRAIL. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13578 CRL.P No. 3580 of 2025 THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in Crime No.191/2024 registered by Nanjanagudu Police Station, Mysuru District for the offences punishable under Sections 103(1), 111(2)(a), 61(2), 49 R/w 3(5) of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.191/2024 was registered by Nanjanagudu Police Station, Mysuru District initially for the offence punishable under Section 103(1) of BNS, 2023 against unknown person, on the basis of first information dated 07.10.2024 received from Smt. Sowbhagya, who is the wife of deceased Nanjundaswamy. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 24.10.2024. Investigation in the - 3 - NC: 2025:KHC:13578 CRL.P No. 3580 of 2025 case is complete and charge sheet has been filed against five persons. The petitioner herein is arraigned as accused No.5 in the charge sheet for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.205/2025 was dismissed on 25.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that case of the prosecution is based on circumstantial evidence. The only allegation against the petitioner is that he introduced accused Nos.2 to 4 to accused No.1. Investigation of the case is complete and charge sheet has been filed. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition on the ground that the petitioner is a person with criminal antecedents. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:13578 CRL.P No. 3580 of 2025 7. Perusal of the material on record would go to show that, FIR in the present case was registered against unknown person. During the course of investigation, the petitioner was arrested on 24.10.2024. After completion of investigation, charge sheet has been filed against five persons. The petitioner herein is arraigned as accused No.5 in the charge sheet. Accused Nos.1 to 5 are arrested in the present case and they are in custody. 8. As per charge sheet allegation, accused No.1 had ill-will against the deceased and therefore he had decided to eliminate him. The allegation against the petitioner is that he had introduced accused No.2 to accused No.1 for the purpose of committing murder of Nanjundaswamy. Accused No.2 thereafter had contacted accused Nos.3 and 4 and as per the conspiracy hatched on 06.10.2024, accused Nos.2, 3 and 4 had intercepted the motorbike of Nanjundaswamy at about 12 in the midnight. Thereafter, accused No.2 allegedly held Nanjundaswamy and accused Nos.3 and 4 assaulted Nanjundaswamy with - 5 - NC: 2025:KHC:13578 CRL.P No. 3580 of 2025 steel rod. Subsequently, accused No.2 also allegedly took the steel rod from accused No.4 and assaulted Nanjundaswamy and caused his murder. Insofar as the petitioner who is arraigned as accused No.5 in the charge sheet is concerned, the allegation against him is that he had introduced accused No.2 to accused No.1. Undisputedly, the petitioner was not present at the scene of crime on the alleged date of incident. In the other two criminal cases which were registered against him he is said to have enlarged on bail. 9. Considering the aforesaid aspects of the matter more so, nature of allegation found in the charge sheet against the petitioner, 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.191/2024 registered by Nanjanagudu Police - 6 - NC: 2025:KHC:13578 CRL.P No. 3580 of 2025 Station, Mysuru District for the offences punishable under Sections 103(1), 111(2)(a), 61(2), 49 R/w 3(5) 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; 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