- 1 - NC: 2025:KHC:16501 CRL.P No. 4429 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4429 OF 2025 BETWEEN: NAVEEN KUMAR .G. W/O GANGARAMAIAH AGED ABOUT 19 YEARS, R/AT MARALAKUNTE VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 123 …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: STATE OF KARNATAKA BY DABBESPET POLICE STATION BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI AT BANGALURU - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 180/2024 OF DABBESPET POLICE STATION, BENGALURU RURAL DISTRICT FOR AN OFFENCE UNDER SECTION 103(1) OF BNS, WHICH IS PENDING ON THE FILE OF THE VI ADDITIONAL DISTRICT AND Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:16501 CRL.P No. 4429 of 2025 SESSIONS JUDGE AT BENGALURU RURAL DISTRICT, BENGALURU IN S.C. NO-298/2024. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.298/2024 pending before the Court of VI Additional District and Sessions Judge, Bengaluru arising out of Crime No.180/2024 registered by Dobbespet Police Station, Bengaluru for offences punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.180/2024 was registered by Dobbespet Police Station, Bengaluru for the aforesaid offence against unknown persons on the basis of the first information dated 19.07.2024 received from Lakshmidevi, who is the sister of deceased-Nagesha. 4. During the course of investigation of the case, petitioner herein was arrested on 19.07.2024 and - 3 - NC: 2025:KHC:16501 CRL.P No. 4429 of 2025 subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against him for the aforesaid offence. Bail application filed by the petitioner in Crl.Misc.No.462/2025 before the Jurisdictional Sessions Court which was rejected on 22.03.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petition. She submits that CWs-1 and 5 are the crucial witnesses in the present case. Therefore, unless they are examined, petitioner's prayer for grant of bail cannot be entertained. Accordingly, prays to dismiss the petition. 7. FIR in the present case was registered against unknown persons after the dead body of the deceased-Nagesha was found. During the course of investigation, petitioner was arrested on 19.07.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed. In the charge sheet it is alleged that, petitioner and his cousin brother deceased-Nagesha were in - 4 - NC: 2025:KHC:16501 CRL.P No. 4429 of 2025 love with CW-5 - a married lady, who allegedly had abandoned her husband and was living separately with her child. Petitioner as well as deceased intended to marry CW-5. However, CW-5 appears to have stated to the deceased that she was in love with the petitioner and she intended to marry the petitioner. It appears that deceased had therefore requested the petitioner not to come in his way and he also had expressed his willingness to marry CW-5. It is in this background, it appears that there was ill-will between the cousin brothers and on 18.07.2024 at about 9.00pm, deceased who had met the petitioner had informed him that he intended to speak to him. Therefore, they had gone to a hillock behind the hospital in their village and when they were talking to each other, petitioner allegedly took out a knife which he had brought with him and had stabbed the deceased to death. The entire prosecution case is based on circumstantial evidence. Petitioner aged about 19 years having no criminal antecedents is in custody from 19.07.2024. Investigation of the case is completed and the charge sheet has been filed. The allegation now found in the charge sheet against the petitioner is required to be proved in a full-fledged trial. Continued detention of the - 5 - NC: 2025:KHC:16501 CRL.P No. 4429 of 2025 petitioner in custody along with hard core criminals may have adverse impact on his career. Under such circumstances, I am of the opinion that the prayer made by the petitioner 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.180/2024 registered by Dobbespet Police Station, Bengaluru for offences punishable under Section 103(1) of BNS, subject to the following conditions: a) The petitioner shall execute 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; - 6 - NC: 2025:KHC:16501 CRL.P No. 4429 of 2025 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 SPV List No.: 1 Sl No.: 57