- 1 - NC: 2025:KHC:14391 CRL.P No. 3765 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3765 OF 2025 BETWEEN: HARIPRASAD .S S/O. SHIVALINGAM, AGED ABOUT 25 YEARS, RESIDING AT NO.79, BEHIND ESHWARI INDUSTRIES, NELAGADARANAHALLI, NAGASANDRA POST, BENGALURU - 560 073 …PETITIONER (BY SRI. V. MAHESHA, ADVOCATE) AND: THE STATE OF KARNATAKA BY PEENYA P.S., REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANAGALORE - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL. S.P.P.) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.45/2025 REGISTERED BY THE RESPONDENT IN PEENYA P.S., FOR THE OFFENCES P/U/S 109, 118(1), 126(2), 352, 238 R/W 3(5) OF THE BNS ACT, PENDING ON THE FILE OF 31ST ACJM, AT BENGALURU CITY. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:14391 CRL.P No. 3765 of 2025 ORAL ORDER Accused No.1 in Crime No.45/2025 registered by Peenya Police Station, Bengaluru for offences punishable under Section 109, 118(1), 126(2), 352, 238 read with Section 35 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.45/2025 was registered by Peenya Police Station, Bengaluru against the petitioner and his friends for the aforesaid offence on the basis of the first information dated 28.01.2025 received from Yogesh.A, who is one of the injured victims in the present case. 4. During the course of investigation of the case, petitioner herein was arrested on 29.01.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in Crl.Misc.No.976/2025 before the Jurisdictional Sessions Court which was rejected on 17.02.2025. Therefore, the petitioner is before this Court. - 3 - NC: 2025:KHC:14391 CRL.P No. 3765 of 2025 5. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. Allegations against all the accused persons in the FIR is similar. Accused Nos. 2 and 3 have been granted regular bail by this Court in Crl.P.No.3836/2025 and Crl.P.No.3851/2025. Accordingly, prays to allow the petition. 6. Per contra, learned Additional SPP who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner. 7. Perusal of the material on record would go to show that allegations against all the accused persons in the first information is similar. Petitioner herein was arrested on 29.01.2025 and ever since then he is in custody. Wound certificate of injured victim would go to show that except Mohammed Shabaj other victims have suffered only simple injuries. Mohammed Shabaj, who has admitted in hospital was subsequently, discharged and is condition is said to be stable. Considering the aforesaid aspects of the matter this Court has granted bail to accused Nos. 2 and 3 in Crl.P.No.3836/2025 and Crl.P.No.3851/2025. Undisputedly, petitioner has no other criminal antecedents. Under such circumstances, I am of the - 4 - NC: 2025:KHC:14391 CRL.P No. 3765 of 2025 opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.45/2025, registered by Peenya Police Station, Bengaluru for offences punishable under Section 109, 118(1), 126(2), 352, 238 read with Section 35 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - NC: 2025:KHC:14391 CRL.P No. 3765 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 SPV List No.: 1 Sl No.: 56