- 1 - NC: 2025:KHC:17976 CRL.P No. 4833 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4833 OF 2025 BETWEEN: 1. MR. GAJENDRA NAYAK SON OF GOPAL NAYAK AGED ABOUT 31 YEARS RESIDING AT NO.3/61, NARAYANAPURAM THANDA, RAMAKUPPA MANDAL, KUPPAM TALUK, CHITTOR DISTRICT, ANDHRA PRADESH STATE - 517 401 2. MR. RAJENDRA NAYAK SON OF GOPAL NAYAK AGED ABOUT 29 YEARS RESIDING AT NO.3/61, NARAYANAPURAM THANDA RAMAKUPPA MANDAL, KUPPAM TALUK, CHITTOR DISTRICT, ANDHRA PRADESH STATE - 517 401 …PETITIONERS (BY SRI. RAJANNA B.C., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HALASUR POLICE STATION, BENGALURU - 560 008 REPTD. BY PUBLIC PROSECUTOR CIVIL COURT COMPLEX, MAYOHALL, BENGALURU - 560 001 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17976 CRL.P No. 4833 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 AND 5 ON BAIL IN CRIME NO.75/2022 S.C.NO.1421/2022 OF HALASUR POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCES P/U/S. 120B, 302 R/W SECTION 34 OF IPC WHICH IS PENDING ON THE FILE OF HONBLE XXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT MAYOHALL (CCH-29), BENGALURU. 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.4 and 5 in S.C.No.1421/2022 pending before the Court of XXVIII Additional City Civil and Sessions Judge, Mayohall (CCH-29), Bengaluru arising out of Crime No.75/2022 registered by Halasur Police Station, Bengaluru, for offences punishable under Sections 120B, 302 read with Section 34 of the Indian Penal Code (for short, 'IPC') are before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.75/2022 was registered by Halasur Police Station, Bengaluru, initially for offence punishable under Section 302 of IPC against unknown on the basis of the first - 3 - NC: 2025:KHC:17976 CRL.P No. 4833 of 2025 information dated 13.04.2022 received from Shreyas s/o Chandrashekhar. 4. During the course of investigation of the case, petitioners herein were arrested on 14.04.2022 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against five persons. The petitioners herein are arrayed as accused Nos.4 and 5 in the charge sheet. Bail application filed by the petitioners in Crl.Mis.No.25177/2025 before the Jurisdictional Sessions Court was rejected on 24.03.2025. Therefore, the petitioners are before this Court. 5. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, case of the prosecution is based on circumstantial evidence. Before the Trial Court, five witnesses have been examined as PWs.1 to 5. Material charge sheet witnesses have turned hostile to the case of prosecution. Petitioners have no criminal antecedents. Accordingly, he prays to allow the petitions. 6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission - 4 - NC: 2025:KHC:17976 CRL.P No. 4833 of 2025 made by the learned counsel for the petitioners. She however submits that petitioners are from Andhra Pradesh State and therefore, in the event they are enlarged on bail, it will be difficult to secure their presence. Accordingly, she prays to dismiss the petition. 7. FIR in the present case was registered against unknown persons. During the course of investigation, five persons were arrested and after completing investigation, charge sheet has been filed against them for the aforesaid offence. In the charge sheet, it is alleged that accused No.1 was working with the deceased - Jude Theddaus and he had conspired with accused Nos. 2 to 5 to commit the murder of Jude Theddaus and rob his house. In furtherance of the aforesaid conspiracy, on the alleged date of incident, accused Nos. 2 to 5 had entered into the house of deceased and had committed his murder and thereafter had escaped from the spot along with sum of Rs.4,000/- and also a mobile phone of the deceased. Entire case of prosecution is based on circumstancial evidence. CWs.3 and 4 are the charge sheet witnesses who had allegedly seen the accused persons leaving the spot of crime on the alleged date of incident. The said - 5 - NC: 2025:KHC:17976 CRL.P No. 4833 of 2025 witnesses have been examined as PWs.3 and 4 and they have allegedly turned hostile to the case of prosecution. Undisputedly, petitioners do not have criminal antecedents. They are in custody for the last more that three years. Apprehension expressed by learned High Court Government Pleader can be taken care of by imposing appropriate conditions against the petitioners. Under such circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.75/2022 registered by Halasur Police Station, Bengaluru, for offences punishable under Sections 120B, 302 read with Section 34 of IPC, 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 (of which, atleast one shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:17976 CRL.P No. 4833 of 2025 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; 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. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 33