- 1 - NC: 2025:KHC:15470 CRL.P No. 4099 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. 4099 OF 2025 BETWEEN: PREETHAM @ GUNDA @ PREETHAM GOWDA, S/O BASAVARAJU, AGED ABOUT 27 YEARS, RANGOLI HALLA, NEAR BRHAMIN HOSTEL, HASSAN TOWN, HASSAN DISTRICT-01. …PETITIONER (BY SRI PRATHEEP K C, ADVOCATE [PH]) AND: THE STATE OF KARNATAKA, REP. BY PENSION MOHALLA POLICE, HASSAN DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP [PH]) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.202/2024 (CR.NO.82/2024) FOR THE OFFENCE P/U/S 143,147,148, 109,120B,302,201,212 R/W 149 OF IPC BY THE PENSION MOHALLA P.S. HASSAN AND PENDING ON THE FILE OF V ADDL.DISTRICT AND SESSION JUDGE AT HASSAN IN S.C.NO.202/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15470 CRL.P No. 4099 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in S.C.No.202/2024 pending before the Court of V Additional District and Sessions Judge, Hassan arising out of Cr.No.82/2024 registered by the Pension Mohalla Police Station, Hassan for the offences punishable under Sections 143, 147, 148, 109, 120B, 302, 201 and 212 read with 149 of IPC is before this Court under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Cr.No.82/2024 was registered by the Pension Mohalla Police Station, Hassan, initially for the offences punishable under Section 302 read with 34 of IPC against the petitioner herein and others based on the First Information dated 05.06.2024 received from Gowthami W/o deceased Ravikumar @ Child Ravi. During the course of investigation of the case, petitioner herein was arrayed as accused No.1 in FIR was arrested on 06.06.2024. After - 3 - NC: 2025:KHC:15470 CRL.P No. 4099 of 2025 completing investigation, charge sheet has been filed against 09 accused and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in S.C.No.202/2024 was rejected on 14.03.2025. Therefore, petitioner is before this Court. 4. A perusal of the material on record would go to show that the deceased Ravikumar @ Child Ravi was a rowdy sheeter and he had multiple criminal cases registered against him. In the charge sheet that is filed by the Police against 09 accused persons, it is alleged that accused No.1 had ill-will against the deceased and therefore, he had conspired with the accused Nos.2 to 5 to commit the murder of the deceased Ravikumar @ Child Ravi. In furtherance of said conspiracy, on 03.06.2024, accused No.1 had borrowed a car belonging to accused No.7 and he along with accused Nos.2 to 5 were waiting for an opportunity to commit the murder of Ravikumar @ Child Ravi. On 05.06.2024 at about 07.50 am, they found - 4 - NC: 2025:KHC:15470 CRL.P No. 4099 of 2025 Ravikumar @ Child Ravi riding a activa scooter bearing registration No.KA-13-EW-5490, accused Nos.1 to 5 followed the said scooter in the car belonging to accused No.7 and accused No.4 who was driving the said car bearing registration No.KA-02-N-7459 dashed the same against the scooter of Ravikumar @ Child Ravi and when he fell down, accused Nos.1, 2, 3 and 5 who got down from the car, assaulted Ravikumar with deadly weapon and committed his murder. Accused No.1 allegedly assaulted deceased Ravikumar @ Child Ravi with machete on his hand and his head and accused Nos.2, 3 and 5 assaulted the deceased with long on his neck and other parts of the body. Post Mortem report of the deceased would reveal that death has caused as a result of injuries suffered by deceased on his neck. Accused Nos.2, 3 and 5 who have caused the injury to the neck of the deceased have been enlarged on bail by the jurisdictional Sessions Court. It is brought to the notice of the Court that all other accused persons except the petitioner have been enlarged on bail. Insofar as the petitioner is concerned, he had - 5 - NC: 2025:KHC:15470 CRL.P No. 4099 of 2025 assaulted the deceased on his hand and head, whereas the death was caused as a result of assault made on the neck of deceased by accused Nos.2, 3 and 5. Under the circumstance merely for a reason that petitioner is a person with criminal antecedents, his bail application cannot be rejected. However, considering the fact that the petitioner is a person with criminal antecedents, appropriate conditions needs to be imposed by this Court while granting bail. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Cr.No.465/2024 of S.C.No.202/2024 pending before the Court of V Additional District and Sessions Judge, Hassan arising out of Cr.No.82/2024 registered by the Pension Mohalla Police Station, Hassan for the offences punishable under Sections 143, 147, 148, 109, 120B, 302, 201 and 212 read with 149 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for - 6 - NC: 2025:KHC:15470 CRL.P No. 4099 of 2025 the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear before Station House Officer between 10.30 am and 01.00 pm on first Sunday of every month and mark his attendance till the case registered against him is closed; 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 NR/- List No.: 1 Sl No.: 93