- 1 - NC: 2025:KHC:15580 CRL.P No. 4407 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4407 OF 2025 BETWEEN: PADAM BHATT S/O AMBADTT BHATT AGED ABOUT 27 YEARS R/AT NO RANJNOLI KASPADA, BHIWANDI TALUK RANJINOLI VTC DANDEKARWADI POST THANE DISTRICT MAHARASTRAR - 421 302. …PETITIONER (BY SRI PRASANNA RAO R, ADV.) AND: STATE BY UPPARAPETE P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN THE CRIME NO.170/2024 REGISTERED BY THE UPPARPET P.S., FOR THE ALLEGED OFFENCE P/US/ 103,238 OF BNS 2023 PENDING BEFORE THE HONBLE COURT LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-59) IN S.C.NO.1586/2024. 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:15580 CRL.P No. 4407 of 2025 ORAL ORDER Accused in Crime No.170/2024 registered by Upparpet Police Station, Bengaluru City, for the offence punishable under Sections 103 & 238 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.170/2024 was registered by Upparpet Police Station, Bengaluru City for the aforesaid offences against unknown person, on the basis of first information dated 16.07.2024 received from Satish M S/o late C Mani, who is the Manager of a tender coconut processing unit, in which deceased and the petitioner were working. During the course of investigation, the petitioner herein was arrested and remanded to judicial custody on 18.07.2024. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. - 3 - NC: 2025:KHC:15580 CRL.P No. 4407 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1776/2025 was dismissed on 15.03.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons after the dead body of deceased Bikki was found. During the course of investigation, the petitioner herein was arrested on 18.07.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. 6. In the charge sheet it is alleged that the petitioner and deceased were working in a tender coconut processing unit and since deceased was consuming excess alcohol he was removed from service. Deceased had a apprehension that the petitioner was the cause for removing him from service and therefore after consuming alcohol he was in the habit of abusing the petitioner. On - 4 - NC: 2025:KHC:15580 CRL.P No. 4407 of 2025 12.07.2024 at about 12 in the midnight deceased allegedly had made an attempt to assault the petitioner. It is under this circumstance, the petitioner allegedly decided to eliminate deceased. 7. On 15.07.2024 at about 4.00 pm, deceased after consuming alcohol came near the tender coconut processing unit where the petitioner was working and on the same day at about 8.45 p.m, the petitioner along with CW.2 Bibhishan had consumed alcohol and the petitioner allegedly had summoned deceased to have food with him. At about 9.30 p.m, on 15.07.2024, the petitioner found deceased sitting alone and had allegedly assaulted him with a cement block on his head and thereafter disposed of the body of deceased behind freedom park within the jurisdiction of Upparpet Police Station. 8. CW.2, who is the security guard of tender coconut processing unit is the sole eye witness to the incident in question that had taken place in the midnight of 15.07.2024. First information was submitted on - 5 - NC: 2025:KHC:15580 CRL.P No. 4407 of 2025 16.07.2024. FIR was registered against unknown person. The petitioner was arrested in the present case on 18.07.2024 and statement of the alleged eye witness is recorded on 26.07.2024, which is much after the petitioner was arrested. 9. Undisputedly, the petitioner has no criminal antecedents. Investigation of the case is complete and charge sheet has been filed. Except the statement of the alleged eye witnesses other material against the petitioner are all based on circumstantial evidence. 10. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following: ORDER Criminal Petition is allowed. - 6 - NC: 2025:KHC:15580 CRL.P No. 4407 of 2025 The petitioner is directed to be enlarged on bail in Crime No.170/2024 registered by Upparpet Police Station, Bengaluru City, for the offences punishable under Sections 103 & 238 of BNS, 2023 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, 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS