- 1 - HC-KAR NC: 2025:KHC:21814 CRL.P No. 7650 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7650 OF 2025 BETWEEN: SRI SHASHIKUMAR @ SHASHI S/O LATE MUNIYAPPA AGED ABOUT 29 YEARS R/AT NO.10, 1ST MAIN ROAD 1ST CROSS. IBBALURU VILLAGE AGARA POST, SARJAPURA POST BANGALORE - 560 102. …PETITIONER (BY SRI G. RAKESH RAJ, ADV.) AND: STATE OF KARNATAKA ELECTRONIC CITY P.S, BANGALORE REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE ABOVE PETITIONER/ACCUSED NO.9 ON BAIL IN S.C.NO.184/2022 OF CRIME NO.262/2021 REGISTERED P/U/S.302,307,427,341,150,148,147,144,143,120-B OF IPC R/W SEC.4,25(1B)(b) OF ARMS ACT REGISTERED BY RESPONDENT POLICE, PENDING BEFORE HONBLE VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL 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 M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21814 CRL.P No. 7650 of 2025 ORAL ORDER 1. Accused no.9 in S.C.No.184/2022 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City, for the offences punishable under Sections 302, 307, 427, 341, 150, 148, 147, 144, 143, 120B of IPC read with Sections 4, 25(1)(B)(b) of Arms Act, 1959, is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that all the material charge sheet witnesses have been examined in the present case and they have turned hostile to the case of the prosecution. Under similar circumstances, accused nos.1 to 5, 8 & 10 have been already enlarged on bail in the present case. Petitioner has no other criminal cases pending against him. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:21814 CRL.P No. 7650 of 2025 4. Per contra, learned Addl. SPP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner. 5. Petitioner who is arrayed as accused no.9 in the charge sheet was arrested in the present case on 03.01.2022. Undisputedly, his name was not found in the FIR. After completing investigation, charge sheet has been filed in the present case against 10 persons. CWs-1 to 4 & 6 are the alleged eye witnesses to the incident in question. The said charge sheet witnesses have been already examined before the Trial Court and according to the learned Counsel for the petitioner, they have not supported the case of the prosecution. Out of 68 charge sheet witnesses cited in the present case, till date, 9 witnesses have been examined before the Trial Court as PWs-1 to 9 and according to the learned Counsel for the petitioner, all the witnesses have turned hostile to the case of the prosecution. 6. Be that as it may, this Court at this stage, cannot appreciate the evidence of the charge sheet witnesses and hold a mini trial. Accused nos.1 to 5, 8 & 10 have been enlarged on - 4 - HC-KAR NC: 2025:KHC:21814 CRL.P No. 7650 of 2025 bail in the present case by this Court in Crl.P.No.5238/2025 disposed of on 25.04.2025, Crl.P.No.5320/2025 disposed of on 28.04.2025, Crl.P.No.3272/2025 c/w Crl.P.No.3320/2025 disposed of on 20.03.2025, and Crl.P.No.3338/2025 disposed of on 27.03.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively on the ground of parity. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.184/2022 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City, for the offences punishable under Sections 302, 307, 427, 341, 150, 148, 147, 144, 143, 120B of IPC read with Sections 4, 25(1)(B)(b) of Arms Act, 1959, 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; - 5 - HC-KAR NC: 2025:KHC:21814 CRL.P No. 7650 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; 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 KK