- 1 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3624 OF 2025 BETWEEN: SRI. MANJUNATH @ HUMANJA @ CHANDHINI, S/O LATE GANGADHAR, AGED ABOUT 30 YEARS, R/AT NEAR SHREE RAMA TEMPLE, HAMPASANDRA VILLAGE AND POST HOSUR HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 562 101. CURRENTLY RESIDING AT BEHIND LEWIS SHOWROOM, 1ST CROSS, CHIKKABOMMASANDRA, YALAHANKA UPANAGAR, BENGALURU – 560 064. …PETITIONER (BY SRI. TOMY SEBASTIAN, SENIOR COUNSEL FOR SMT. RENY SEBASTIAN., ADVOCATE) AND: STATE OF KARNATAKA, BY CHIKKAJALA POLICE STATION, DEVANAHALLI SUB-DIVISION, DEVANAHALLI. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA – 560 001, HIGH COURT BUILDING. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.P.C., (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.259/2024 CHIKKAJALA POLICE STATION, REGISTERED FOR O/U/S 109, 117(3), 118, 3(5) AND SECTION 61 OF BNS, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI. 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.2 in Cr.No.259 of 2024 registered by Chikkajala Police Station, Bengaluru for offences punishable under Sections 109, 117(3), 118, 61 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS 2023') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.259 of 2024 was registered by Chikkajala Police Station, Bengaluru for the aforesaid offences against one Sriram and others based on the first information dated 24.12.2024 received from Smt.Divya, wife of the injured victim Manjunath. 4. During the course of the investigation of the case, petitioner herein who was arrayed as accused No.4 in the FIR was arrested on 25.01.2025 and subsequently, remanded to judicial custody. Investigation of the case is now completed and charge-sheet has been filed against six persons and petitioner is arrayed as accused No.2 in the charge-sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.15030 of 2025 was rejected on 17.02.2025, therefore, he is before this Court. 5. Shri.Tomy Sebastian, learned Senior counsel appearing for the petitioner submits that in so far as the - 4 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 present case is concerned, there is absolutely no allegation against the petitioner that he had assaulted the injured victim. The motive against the injured is also alleged only against accused No.1. There is no material that the petitioner was aware about the conspiracy hatched by accused No.1 in the present case. In all the other criminal cases, the petitioner has been enlarged on bail. Accordingly, he prays to allow the present bail petition. 6. Per contra, the learned HCGP has opposed the bail petition. He submits that petitioner is a person with criminal antecedents and he is involved in five other criminal cases. He submits that immediately after he was released in Cr.No.423 of 2024 registered by Yelahanka New Town Police Station for similar offences, he has indulged in the present case and therefore, prays to dismiss the bail petition. 7. In the first information, which is submitted by the wife of the injured victim Manjunath, it is stated that - 5 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 accused No.1, Sriram allegedly had ill-will against the injured victim Manjunath for the reason that he was the close acquaintance of Govindaraju, who allegedly had committed the murder of Srinivas, elder brother of accused No.1 Sriram. On the alleged date of incident, at about 11.30 am, injured victim Manjunath had gone out with his friend Mohan and at about 1.15 pm, Mohan informed the first informant that the accused persons named in the FIR had assaulted Manjunath with deadly weapons inside Krishna Sagara Hotel near Sadahalli Gate within the jurisdiction of Chikkajala Police Station, Bengaluru. Immediately, thereafter, first informant went to the hospital where her husband was admitted and subsequently, had approached the police and submitted the first information. In the first information, there is no specific allegation of any overt-acts against the accused. Petitioner who was arrayed as accused No.4 in the FIR was arrested on 25.01.2025 and eversince then, he is in custody. In the charges-sheet, which is now filed against - 6 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 the accused, it is stated that accused No.1 who had ill-will against Govindaraju allegedly had conspired with the other accused persons to commit the murder of Govindaraju and in furtherance of such conspiracy, he had invited Govindaraju to the aforesaid hotel and when accused Nos.1 and 2 were sitting inside the hotel with Govindaraju and his friend Mohan, accused Nos.3 to 6 named in the charge-sheet allegedly came inside the hotel and assaulted Govindaraju with deadly weapons and thereafter escaped from the spot of crime. 8. The petitioner is in custody in the present case from 21.01.2025 onwards. Investigation of the case is completed and charge sheet has been filed. It is not in dispute that in all the other criminal cases, the petitioner has been enlarged on bail. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively, by imposing appropriate conditions, in view - 7 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 of the apprehension expressed by the learned HCGP. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.259 of 2024 of Chikkajala Police Station, Bengaluru, registered for the offences punishable under Sections 109, 117(3), 118, 61 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum, 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; - 8 - HC-KAR NC: 2025:KHC:20118 CRL.P No. 3624 of 2025 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. f) The petitioner shall mark his attendance before the Investigation Officer of Chikkajala Police Station, Bengaluru on every Sunday between 10.00 am and 1.00 pm in the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DH List No.: 1 Sl No.: 41