- 1 - HC-KAR NC: 2025:KHC:19439 CRL.P No. 4777 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4777 OF 2025 BETWEEN: MAHESHA, S/O. MANJUNATHA, AGED ABOUT 23 YEARS, RESIDING AT MALLEKAVU VILLAGE, C.N. DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572 129. …PETITIONER (BY MS. SUMA A.T, ADVOCATE FOR SRI. RAVIKUMARA B.R, ADVOCATE) AND: STATE BY KORATAGERE POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY B, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THIS PETITIONER IN CR.NO 220/2024 (S.C NO.5008/2025) REGISTERED BY KORATAGERE P.S., FOR THE ALLEGED O/P/U/S 103, 61, 190 AND 351(2) OF BNS 2023 PENDING BEFORE THE IV ADDL.DISTRICT AND SESSION JUDGE, TUMAKUR MADHUGIRI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19439 CRL.P No. 4777 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.6 in SC No.5008/2025 pending before the Court of IV Additional District and Sessions Judge, Tumkur, sitting at Madhugiri arising out of Crime No.220/2024 which was registered by Koratagere Police Station, Tumkur District for the offence punishable under Sections 103, 61, 190 and 351(2) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.220/2024 was registered by Koratagere Police Station, Tumkur District initially for the offence punishable under Section 103 of BNS, 2023 against Govindaraju @ Gunda and two others, based on the first information dated 30.07.2024 received from Basavaraju, Police Officer of Koratagere Police Station. - 3 - HC-KAR NC: 2025:KHC:19439 CRL.P No. 4777 of 2025 During the course of investigation, petitioner was arrested on 31.07.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against six persons. Petitioner had filed bail application in Crl.Misc.No.5320/2024 before the jurisdictional Sessions Court which was rejected on 29.11.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a youngster having no criminal antecedents and only allegation is that he had held the legs of the deceased so as to enable accused No.1 to commit his murder. Accused Nos.4 and 5 as against whom similar allegation is found in the charge sheet, have been granted bail in Crl.P.No.261/2025 connected with Crl.P.No.314/2025. Accordingly, he prays to allow this petition. - 4 - HC-KAR NC: 2025:KHC:19439 CRL.P No. 4777 of 2025 5. Per contra, learned High Court Government Pleader does not seriously dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that case of the prosecution is based on circumstantial evidence. Petitioner who has no criminal antecedent is in custody from 31.07.2024. The allegation in the charge sheet against accused Nos.2 to 6 is that they had caught hold of the deceased so as to enable accused No.1, who had ill will as against the deceased to commit his murder. Accused Nos.4 and 5 as against whom similar allegation is found in the charge sheet have been granted regular bail by this Court in Crl.P.No.261/2025 connected with Crl.P.No.314/2025. Accused No.1 has been granted regular bail by this Court in Crl.P.No.7445/2025 disposed of on 03.06.2025 and accused No.2 has been granted regular bail by this Court in Crl.P.No.7445/2025 disposed of on 03.06.2025. - 5 - HC-KAR NC: 2025:KHC:19439 CRL.P No. 4777 of 2025 7. Under such circumstances, I am of the view that on the ground of parity, petitioner’s prayer for grant of regular bail needs to be answered in the affirmative. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.220/2024 by Koratagere Police Station, Tumkur District registered for the offences punishable under Section 103, 61, 190 and 351(2) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) 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; - 6 - HC-KAR NC: 2025:KHC:19439 CRL.P No. 4777 of 2025 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 KAV List No.: 1 Sl No.: 76 CT: BHK