- 1 - NC: 2025:KHC:16506 CRL.P No. 4804 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. 4804 OF 2025 BETWEEN: 1. KIRAN S/O ASHWATH, AGED ABOUT 29 YEARS, R/AT, LAKSHMIPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 162 PERMANENTLY R/AT, MALLAPPAJIDODDI VILLAGE, TERUBEEDI DHAKLE, MARALAVADI HOBLI, HAROHALLI TALUK RAMANAGARA DISTRICT - 562 112 2. VENKATESH. J @ GOMTI S/O JAYARAM AGED ABOUT 28 YEARS R/AT, LAKSHMIPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 162 PERMANENTLY R/AT, NO.125/1, KANAKAPURA MAIN ROAD, BANASAMUDRA, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 421 3. HARSHA .L.K. @ DELHI S/O KRISHNAPPA AGED ABOUT 22 YEARS R/AT, NAVAGRAMA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 162 PERMANENTLY R/AT, LAKSHMIPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 162 …PETITIONERS (BY SRI. RAVIKUMAR G.H., ADVOCATE) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:16506 CRL.P No. 4804 of 2025 AND: STATE OF KARNATAKA BY HAROHALLI POLICE STATION, RAMANAGARA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 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 PETITIONERS ON BAIL IN S.C NO.5010/2025 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA SITTING AT KANAKAPURA, CONNECTING TO CRIME NO.276/2024, REGISTERED BY HAROHALLI P.S., FOR THE O/P/U/S 103(1), 238(B), 352, 54, 3(5) OF BNS 2023. 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 Nos.1 to 3 in S.C.No.5010/2025 pending before the Court of II Additional District and Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.276/2024 registered by Harohalli Police Station, Ramanagara, for the offences punishable under Sections 103(1), 238(b), 352, 54 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under - 3 - NC: 2025:KHC:16506 CRL.P No. 4804 of 2025 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.276/2024 was registered by Harohalli Police Station, Ramanagara, against Kirana and three others initially for the offences punishable under Sections 103(1), 238(b), 3(5) of BNS based on the first information dated 20.10.2024 received from Bharath G, who is the brother of deceased Likhith. 4. During the course of investigation, petitioners were arrested on 25.10.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against five persons. Petitioners herein are arrayed as accused Nos. 1 to 3 in the charge sheet. Bail application filed by the petitioners in Crl.Misc.No.5084/2025 before the Jurisdictional Sessions Court which was rejected on 20.03.2025. Therefore, the petitioners are before this Court. 5. Learned counsel for the petitioners submits that accused No.4 against whom similar allegation is found in the charge sheet has been granted regular bail by this Court in Crl.P.No.4422/2025 and accused No.5 has been granted bail by - 4 - NC: 2025:KHC:16506 CRL.P No. 4804 of 2025 this Court in Crl.P.No.2055/2025. Accordingly, he prays to allow the petition. 6. Per contra, learned Additional SPP who has opposed the petition, does not dispute the submission made by learned counsel for the petitioners. She however, brings to the notice of this Court that accused No.1 is a person with criminal antecedents. 7. Perusal of the materials on record would go to show that entire case of the prosecution is based on circumstantial evidence. Accused No.5 who had ill-will against deceased Likhith had contacted accused Nos. 1 to 4 and conspired with them to commit the murder of Likhith. In furtherance of such conspiracy, accused Nos. 1 to 4 had assaulted the deceased with beer bottles and committed his murder. Entire case of prosecution is based on circumstantial evidence. Accused No.4 who is one of the alleged assailants in the present case has been granted regular bail by this Court in Crl.P.No.4422/2025 and accused No.5 has been granted regular bail by this Court in Crl.P.No.2055/2025. Except accused No.1, the other accused persons are said to have no other criminal antecedents. Considering the aforesaid aspects of the matter, I - 5 - NC: 2025:KHC:16506 CRL.P No. 4804 of 2025 am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively subject to imposing appropriate conditions. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.276/2024 registered by Harohalli Police Station, Ramanagara, for offences punishable under Sections103(1), 238(b), 352, 54, 3(5) of BNS, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:16506 CRL.P No. 4804 of 2025 d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. f) Accused No.1 is directed to appear before Station House Officer of Harohalli Police Station, Ramanagara, on every alternative Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 68