- 1 - NC: 2025:KHC:11979 CRL.P No. 3227 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. 3227 OF 2025 BETWEEN: SRI MOHAN A @ ANNAMMA MOHAN S/O LATE V ANANTH AGED ABOUT 41 YEARS RESIDING AT NO.2 MAKALA BASAVANAGUDI TEMPLE STREET, NAGARATHPET BENGALURU - 560 002. …PETITIONER (BY SRI TOMY SUBASTIAN, SR. COUNSEL FOR MS. RENY SEBASTIAN, ADV.) AND: STATE OF KARNATAKA BY UPPARPET POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ORDER THE RELEASE OF THE PETITIONER ON BAIL IN CR.NO.276/2024 OF UPPARPET POLICE STATION, PENDING ON THE FILE OF THE V ACJM BENGALURU CITY IN C.C.NO.5184/2025 REGISTERED FOR THE OFFENCE P/US/ 103(1),189(2),190 AND 238 OF BNS ACT. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11979 CRL.P No. 3227 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 1. Accused No.1 in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru, for the offences punishable under Sections 103(1), 189(2), 190 and 238 of BNS, 2023, is 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.276/2024 was registered by Upparpet Police Station, Bengaluru, for the aforesaid offences, initially against Mohan and others based on the first information dated 19.11.2024 received from Vinod Raj E, S/o Eraiah. During the course of investigation, petitioner herein was arrested on 28.11.2024. Investigation in the case is completed and charge sheet has been filed against 10 persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:11979 CRL.P No. 3227 of 2025 Crl.Misc.No.1488/2025 was rejected on 03.03.2025. Therefore, he is before this Court. 4. Learned Senior counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner has no criminal antecedents and is in custody from 28.11.2024. Though his name is found in the FIR, first informant had not made allegations against petitioner about he stabbing the deceased on his thigh. CW2 to CW4 are the alleged eye witnesses in the present case and there is a delay of nearly one month in recording their statement. After the alleged incident, accused Nos.4 to 6 had shifted the injured to Hospital who subsequently, died. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that there are eye witnesses to the incident in question and accused No.1 is the person, who had stabbed the deceased on his thigh and injuries caused by accused No.1 was the reason for the death. Accordingly, he prays to dismiss the petition. - 4 - NC: 2025:KHC:11979 CRL.P No. 3227 of 2025 6. A perusal of the material on record would go to show that FIR was registered in the present case against petitioner and other unnamed accused persons. In the first information, it is stated that first informant had seen the petitioner and other accused persons abusing and assaulting the deceased Nagesh for the reason that he had committed theft of mobile phone. It is stated in the first information that one amongst accused persons, had stabbed Nagesh on his thigh and thereafter, injured Nagesh was shifted to the Hospital at the instance of the petitioner herein. According to charge sheet, it is accused Nos.4 to 6, who had shifted injured Nagesh to the Hospital at the instance of the petitioner herein. Petitioner is named in the FIR by the first informant, but first informant had not made any allegations against petitioner about he stabbing the deceased on his thigh with a knife. CW2 to CW4 are the alleged eye witnesses to the incident in question, who have made allegations against the petitioner about stabbing the deceased on his thigh. The statement of the alleged eye witnesses CW2 to CW4 was recorded on 17.12.2024 which is after delay of nearly one month from the alleged date of incident. Petitioner who has no other criminal antecedents is in custody from - 5 - NC: 2025:KHC:11979 CRL.P No. 3227 of 2025 28.11.2024. Investigation in the case is completed and charge sheet has been filed against ten persons for the aforesaid offences. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, who has no other criminal antecedents, for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru, for the offences punishable under Sections 103(1), 189(2), 190 and 238 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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; - 6 - NC: 2025:KHC:11979 CRL.P No. 3227 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. Sd/- (S VISHWAJITH SHETTY) JUDGE DN