- 1 - NC: 2025:KHC:16250 CRL.P No. 4636 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4636 OF 2025 BETWEEN: PARTHASARATHI N. @ PRAKASHA, S/O NARAYANA REDDY @ NARAYANASWAMY, AGED ABOUT 38 YEARS, R/AT: NO.J-24, SKDC APARTMENT, NEAR SAI BABA TEMPLE, NEELADRI ROAD, ELECTRONIC CITY, BENGALURU - 560 100. …PETITIONER (BY SRI SOMASHEKAR K.H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION, BENGALURU - 560 100, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 01. 2. JAMUNAE @ VARSHA, W/O LATE VENUGOPALA REDDY, AGED ABOUT 28 YEARS, NO.58, NYAYA BELE DEPO OPPOSITE, VITTASANDRA VILLAGE, BEGUR HOBLI, ELECTRONIC CITY, BANGALORE - 560 100. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL S.P.P.; SRI H. SIDDAIAH, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:16250 CRL.P No. 4636 of 2025 PETITIONER ON BAIL IN CRIME NO.67/2025 OF RESPONDENT- ELECTRONIC CITY POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 61(2) AND 238 OF THE B.N.S, 2023 PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.67/2025 registered by Electronic City Police Station, Bengaluru City for the offences punishable under Sections 103, 61(2) and 238 of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS Act') 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.67/2025 was registered by Electronic City Police Station, Bengaluru City against Radha Krishna and others, initially for offences punishable under Sections 103, 61(2) and 238 of the BNS Act, based on the first information dated 14.02.2025 received from - 3 - NC: 2025:KHC:16250 CRL.P No. 4636 of 2025 Smt.Jamuna @ Varsha, wife of the deceased Venugopala Reddy. 4. During the Course of investigation, the petitioner herein who was arraigned as accused No.2 in the FIR was arrested on 20.02.2025 and remanded to judicial custody. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.435/2025 was rejected on 19.03.2025. Therefore, petitioner is before this Court. 5. Learned counsel for petitioner having reiterated the grounds urged in this petition submits that the petitioner is a person without any criminal antecedents. He is arraigned as accused No.2 only for the reason that he is the brother of accused No.1 who has committed the murder of deceased Venugopala Reddy. Allegation against the petitioner is that he had helped accused No.1 to destroy the evidence in the present case. Accordingly, he prays to allow this petition. - 4 - NC: 2025:KHC:16250 CRL.P No. 4636 of 2025 6. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned counsel for petitioner. 7. Material record would go to show that there is a serious civil dispute between accused No.1 and the deceased Venugopala Reddy in respect of certain immovable property and on the alleged date of incident Venugopala Reddy had questioned with regard to certain constructions being put up in the disputed property. Accused No.1, therefore had allegedly assaulted the deceased with a machete and had committed his murder. As per the material available on record, accused Nos.1, 3 and 6 were allegedly present at the spot of crime and accused No.1 is the person who had assaulted the deceased Venugopala Reddy with a machete and committed his murder. Accused No.2 who is the petitioner herein is said to be the brother of accused No.1. Allegation against the petitioner is that after the murder was committed, he was informed by accused No.1 about the - 5 - NC: 2025:KHC:16250 CRL.P No. 4636 of 2025 same and thereafter, accused No.2 had provided clothes to accused Nos.1 and 6 whose clothes were blood stained and he had helped them to destroy the evidence in the case. Accused No.3 who is the father of accused Nos.1 and 2 has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.501/2025. 8. Undisputedly the petitioner herein has no criminal antecedents and he is said be a married man having children. Considering the nature of allegations found against him, I am of the opinion that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.67/2025 registered by Electronic City Police Station, Bengaluru City for the offences punishable under Sections 103, 61(2) and 238 of the BNS Act, subject to the following conditions: - 6 - NC: 2025:KHC:16250 CRL.P No. 4636 of 2025 a) The petitioner shall execute 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; 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 CPN CT: BHK