- 1 - HC-KAR NC: 2025:KHC:21449 CRL.P No. 3734 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3734 OF 2025 BETWEEN: DEEPU, S/O NAGARAJA, AGED ABOUT 24 YEARS, R/AT 3RD MAIN ROAD, 5TH CROSS, NEAR SHANIMAHATMA TEMPLE, EBALOORU AGRA POST, SARJAPURA ROAD, BENGALURU - 560 102. …PETITIONER (BY SRI. SHIVAMMA D.,ADVOCATE) AND: STATE OF KARNATAKA, STATE BY ELECTRONIC CITY P.S., RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.262/2021 OF ELECTRONIC CITY POLICE, NOW IN S.C.NO.184/2022 AND PENDING TRIAL BEFORE * VI ADDL. DIST. AND SESSIONS JUDGE AT BANGALORE RURAL, FOR THE OFFENCE P/U/S 120B, 143, 144, 147, 148, 150, 341, 427, 307, 302 R/W 149 OF IPC AND SEC. 4 AND 25(1-B) (B) OF ARMS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: * Corrected vide Court Order Dt: 24.07.2025 Digitally signed by KAVYA R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21449 CRL.P No. 3734 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.7 in S.C.No.184/2022 pending before the Court of * VI Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City, for offences punishable under Sections 120(B), 143, 144, 147, 148, 150, 341, 427, 307, 302 read with Section 149 of IPC and Section 4 and 25(1-B) (B) of Arms Act, 1959 is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.262/2021 was registered by Electronic City Police Station, Bengaluru City, for the aforesaid offences against Naveen Kumar and others, based on the first information dated 28.12.2021 received Thridev s/o Aravind. * Corrected vide Court Order Dt: 24.07.2025. - 3 - HC-KAR NC: 2025:KHC:21449 CRL.P No. 3734 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 30.12.2021 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against 10 persons and petitioner is arraigned as accused No.7 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.5189/2022 which was rejected on 20.07.2022. Therefore, he is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that petitioner who has no other criminal antecedents is in custody for the last more than three years. All the material charge sheet witnesses who are examined have turned hostile to the case of the prosecution. Accused Nos.1 to 5 and accused No.10 have been now granted regular bail by this court. Accordingly, he prays to allow this petition. - 4 - HC-KAR NC: 2025:KHC:21449 CRL.P No. 3734 of 2025 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 7. Perusal of the material on record would go to show that name of the petitioner is not found in the FIR. He was arrested in the present case on 30.12.2021 and thereafter, remanded to judicial custody. After completing investigation, charge sheet has been filed against 10 accused persons and petitioner is arraigned as accused No.7 in the charge sheet. C.W-1 to 6 are the alleged eye-witnesses to the incident in question. 8. Learned Counsel for the petitioner submitted that C.W-1 to 6 have turned hostile to the case of the prosecution and the said submission is not disputed by learned HCGP. Out of the 67 charge sheet witnesses, till date only 9 charge sheet witnesses have been examined. Undisputedly, petitioner has no other criminal antecedents. Accused Nos.1 to 5 and 10 have been now enlarged on bail by this Court in Crl.P.No.5320/2025, - 5 - HC-KAR NC: 2025:KHC:21449 CRL.P No. 3734 of 2025 5238/2025, 3338/2025, 3272/2025 and 3320/2025. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER 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 and Sessions Judge, Bengaluru Rural District, arising out of Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City, for offences punishable under Sections 120(B), 143, 144, 147, 148, 150, 341, 427, 307, 302 read with Section 149 of IPC and Section 4 and 25(1-B) (B) of Arms Act, 1959, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One * Corrected vide Court Order Dt: 24.07.2025 - 6 - HC-KAR NC: 2025:KHC:21449 CRL.P No. 3734 of 2025 Lakh only) 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; 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 KVR List No.: 1 Sl No.: 35