- 1 - NC: 2025:KHC:16154 CRL.P No. 3072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3072 OF 2025 BETWEEN: RAHUL KUMAR S/O BHARAT BARTHI AGED ABOUT 27 YEARS R/AT: C/O ANNATH REDDY BUILDING NEAR GOVERNMENT SCHOOL KONAPPANA AGRAHARA ELECTRONIC CITY, PHASE-1 BENGALURU - 560 100. …PETITIONER (BY SRI. M KRISHNE GOWDA, ADVOCATE) AND: STATE OF KARNATAKA STATE BY ELECTRONIC CITY P.S. RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.465/2024 OF ELECTRONIC CITY POLICE, NOW IN CC.NO.214/2025 AND ON THE FILE OF THE ACJM, AT BANGALORE RURAL, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103 OF BNS. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:16154 CRL.P No. 3072 of 2025 ORAL ORDER 1. Accused No.2 in C.C.No.214 of 2025 pending before Additional Chief Judicial Magistrate (ACJM), at Bangalore Rural, arising out of Crime No.465 of 2024 registered by Electronic City Police Station, Bengaluru for the offences punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'the BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.465 of 2024 was registered by Electronic City Police Station, Bengaluru for the aforesaid offence against unknown persons based on the first information dated 21.10.2024 received from Deepika Singh, wife of late Sarvesh Singh. During the course of investigation, the petitioner herein was arrested on 21.10.2024. The investigation of the case is completed and the charge sheet has been filed against the accused persons. The petitioner is arrayed as accused No.2 in the charge sheet. The bail application filed by the petitioner - 3 - NC: 2025:KHC:16154 CRL.P No. 3072 of 2025 before the Trial Court in Crl.Misc.No.2756 of 2024 came to be dismissed on 19.02.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that FIR was initially registered against unknown persons. During the course of investigation, accused No.1 and the petitioner herein were arrested and after completion of the investigation, charge sheet has been filed against two persons. As per the charge sheet allegations, on the night of 20.10.2024 at about 10.00 p.m. deceased purchased alcohol from the shop of CWs.17 and 18 and accused Nos.1 and 2 also had purchased alcohol from the very same shop. While purchasing alcohol, accused No.1 allegedly had touched the deceased. Therefore, deceased had quarreled with the accused persons. It is in this background, accused Nos.1 and 2 allegedly conspired and assaulted the deceased at about 10.30 p.m. They had followed the deceased from the liquor shop and in an isolated place within the jurisdiction of Electronic City Police Station, they allegedly caught hold of the deceased and accused No.1 made the deceased to fall on the ground and accused No.2 had assaulted the deceased with a tile on his head and other parts of the body and committed his murder. - 4 - NC: 2025:KHC:16154 CRL.P No. 3072 of 2025 5. The entire case of the prosecution is based on the circumstantial evidence. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.3849 of 2025 disposed off on 15.04.2025. Undisputedly, the petitioner does not having any criminal antecedents. Considering the aforesaid aspect of the matter, I deem it proper to answer the prayer of the petitioner in affirmative. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.465 of 2024 of Electronic City Police Station, pending in C.C.No.214 of 2025 pending before Additional Chief Judicial Magistrate (ACJM), at Bangalore Rural, registered for the offences punishable under Section 103 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; - 5 - NC: 2025:KHC:16154 CRL.P No. 3072 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; 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 *bgn/- CT:VS List No.: 1 Sl No.: 67