- 1 - NC: 2025:KHC:14135 CRL.P No. 4102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4102 OF 2025 BETWEEN: MAHESH S/O SHIVAIAH AGED ABOUT 27 YEARS R/A VIBUTHIKERE, VILLAGE RAMANAARA TALUK RAMANAGARA, PIN CODE - 570 019. …PETITIONER (BY SRI RAJU C.N, ADV.) AND: STATE BY HASSAN CITY POLICE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.137/2024 OF HASSAN CITY POLICE, HASSAN, ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, HASSAN, FOR THE OFFENCES P/U/S 103, 126(2), 60, 190, 54 OF BNS BY ALLOWING THIS PETITION. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14135 CRL.P No. 4102 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.5 in Crime No.137/2024 registered by Hassan City Police Station, Hassan, for the offences punishable under Sections 103, 126(2), 60, 190 and 54 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.137/2024 was registered by Hassan City Police Station, Hassan, initially for the offence punishable under Section 103 of BNS, 2023, against unknown persons based on the first information dated 14.11.2024 received from Anand, police officer attached to Hassan City Police Station, Hassan. During the course of investigation, petitioner was arrested on 16.11.2024. After completion of investigation, charge sheet has been filed against seven persons. Petitioner is arraigned as accused No.5 in the charge sheet. His bail application filed - 3 - NC: 2025:KHC:14135 CRL.P No. 4102 of 2025 before the jurisdictional Sessions Court in Crl.Misc.No.223/2025 was rejected on 11.03.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that FIR was initially registered against unknown persons after the dead body of deceased Rakith @ Rakith Gowda @ Bomma was found. In the charge sheet, allegation of assaulting the deceased with deadly weapon is found as against accused Nos.1 to 4 and therefore, charge sheet has been filed against accused Nos.1 to 4 for the offences punishable under Sections 103, 126(2), 190, 54 and 60 of BNS, 2023. Insofar as accused Nos.5, 6 and 7 are concerned, allegation against them is about instigating accused Nos.1 to 4 to assault the deceased and commit his murder. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 16.11.2024. Under the circumstances, I am opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.137/2024 registered by Hassan City Police Station, Hassan, for the offences punishable under - 4 - NC: 2025:KHC:14135 CRL.P No. 4102 of 2025 Sections 103, 126(2), 60, 190 and 54 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; 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