- 1 - NC: 2025:KHC:12546 CRL.P No. 3271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3271 OF 2025 BETWEEN: SRI OMARAM DEVWASI S/O GOPARAM DEVASI AGED ABOUT 30 YEARS R/AT ROHAT VILLAGE RAJASTHAN STATE -131 403. …PETITIONER (BY SRI RAM SINGH K, ADV.) AND: THE STATE OF KARNATAKA BY CHAMRAJANAGARA POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR THE HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.60/2022 AND IN S.C.NO.1954/2022 FOR THE ALLEGED OFFENCE P/U/S 381,302,120(b) R/W 34 OF IPC WHICH IS PENDING BEFORE THE LEARNED LXI ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU. THIS 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 MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12546 CRL.P No. 3271 of 2025 ORAL ORDER Accused No.2 in S.C.No.1954/2022 pending before the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.60/2022 registered by Chamarajapet Police Station, Bengaluru City for the offences punishable under Sections 381, 302, 120B R/w 34 & 35 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.60/2022 was registered by Chamarajapet Police Station, Bengaluru City initially for the offences punishable under Sections 381 & 302 of IPC against one Bijaram, on the basis of first information dated 25.05.2022 received from Sri J Prakash Chand, who is the son of deceased Jugraj Jain. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 19.06.2022. Investigation in the case is complete and charge sheet has been filed against five - 3 - NC: 2025:KHC:12546 CRL.P No. 3271 of 2025 persons. The petitioner herein is arraigned as accused No.2 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.6809/2023 was dismissed on 31.08.2023. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner has no criminal. He is in custody for the last more than 2 1/2 years. The prosecution has till date examined 22 charge sheet witnesses as PWs.1 to PWs.22 out of 63 charge sheet witnesses. The allegation against the petitioner is that he had received stolen articles from accused No.1. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that the petitioner hails from Rajasthan. Trial in the case is already commenced. In the event, he is enlarged on bail, trial in the case is likely to be affected. - 4 - NC: 2025:KHC:12546 CRL.P No. 3271 of 2025 7. FIR in the present case was initially registered for the offence punishable under Sections 381 & 302 of IPC against accused No.1 Bijaram. As per charge sheet allegation, accused No.1 was working in the shop of deceased Jugraj Jain and subsequently he also was working in his house. Accused No.1 allegedly had requested deceased to lend him a sum of Rs.5 lakhs, which was refused by deceased and therefore accused No.1 allegedly had decided to commit theft in the house of deceased. He had therefore contacted his friend accused No.4, who had assured him to dispose of articles of which he would committed theft. He also had introduced accused No.2 to accused No.1. Thereafter, accused No.2 allegedly introduced accused Nos.3 and 5 to accused No.1 and on 24.05.2022, accused No.1 decided to commit theft in the house of deceased and when he called accused No.2, he was informed by accused No.2 that he had reached Bengaluru airport. Thereafter, at about 11.30 p.m, when the deceased was proceeding to his room to sleep, accused No.1 allegedly threw chilly powder on his face and - 5 - NC: 2025:KHC:12546 CRL.P No. 3271 of 2025 when he fell down, he throttled his neck with his hands and thereafter strangulated his neck with a plastic rope and committed his murder at about 11.50 p.m,, Accused No.5 had left accused No.2 near the house of deceased and by then accused No.1 had committed theft of gold and silver jewels and also cash in the house of deceased Jugraj Jain and had packed the same in a bag and about 12.23 a.m, on 25.05.2022 he had left the house of Jugraj and thereafter joined accused Nos.2 and 5. It is alleged that stolen articles were kept in the house of accused No.2 and after he was arrested, the same was recovered from his house at his instance. Undisputedly, accused No.2/petitioner has no other criminal antecedents and he had arrived at the scene of crime, only after accused No.1 had committed murder of deceased Jugraj Jain. Accused No.2 is in custody from 19.06.2022. The prosecution has cited 63 charge sheet witnesses in the present case and out of the same, till date only 22 charge sheet witnesses have been examined as PW.1 to PWs.22. Considering the nature of allegation found against accused No.2/petitioner - 6 - NC: 2025:KHC:12546 CRL.P No. 3271 of 2025 in the charge sheet and also considering his period of incarceration, I am of the opinion that, without expressing any opinion on merits/demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.1954/2022 pending before the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.60/2022 registered by Chamarajapet Police Station, Bengaluru City for the offences punishable under Sections 381, 302, 120B R/w 34 & 35 of IPC, 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 (Out of which one surety shall be local surety), to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:12546 CRL.P No. 3271 of 2025 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