- 1 - NC: 2025:KHC:18367 CRL.P No. 4906 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 4906 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI. SHASHI KUMAR ALIAS SHASHI ALIAS LOOSE S/O, GIRISH, AGED ABOUT 30 YEARS, R/AT NEAR SIDDHARTHA SCHOOL, NEAR GANESHA TEMPLE, GANGONDANAHALLI MAIN ROAD, NELAGADARANAHALLI, BANGALORE-01. …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY KAMAKSHIPALYA POLICE, BENGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP FOR RESPONDENT) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C 2182/2022 (CR.NO.122/2021), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 395, 120B OF IPC, BY THE KAMAKSHIPALYA POLICE STATION, AND PENDING ON THE FILE OF HONBLE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67). Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18367 CRL.P No. 4906 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by accused No.1 seeking for regular bail in SC.No.2182/2022 (Crime No.122/2021) registered by the Kamakshipalya Police Station for the offences punishable under Sections 395, 120B of the Indian Penal Code (for short ‘IPC’). Factual matrix of the case: 2. The case of the prosecution is that, the complainant was studying in ITI at Government College. He used to go to College in a Suzuki Access 125 scooter, which belongs to Latha, who is his relative. On 31.05.2021, at about 6.45 p.m., he went to the petrol bunk to get the petrol filled to his motorcycle. After that, he went to fill the air to the tyres. At that moment, six unknown persons approached him and one of them showed a knife and demanded to hand over the scooter and money. Another person instructed accused No.1 to take the scooter. They forcibly - 3 - NC: 2025:KHC:18367 CRL.P No. 4906 of 2025 took Rs.3,500/- from him and went away. Therefore, he lodged a complaint before the respondent police. The respondent police registered a case in Crime No. 122/2021 against the six unknown persons. Thereafter, they conducted the investigation and submitted the charge sheet. 3. The petitioner is accused No.1, his bail application has been rejected by the Trial Court on the ground that, the petitioner is a habitual offender, he is involved in another eight cases at different police stations and he is involved in murder case also. 4. Heard Sri.Pratheep K.C., learned counsel for the petitioner, and Smt.Waheeda M.M., learned High Court Government Pleader for the respondent -State. 5. The submission of the learned counsel for the petitioner is that there are several cases pending against the petitioner, however, all are false and concocted cases. The petitioner is in judicial custody since 15.06.2021. The complainant who is the victim has been examined in the case and he has turned hostile. The PW.2 who is another witness also turned hostile. Therefore, when the - 4 - NC: 2025:KHC:18367 CRL.P No. 4906 of 2025 eyewitnesses are turned hostile, proceeding with the case on the basis of assumption, would not serve any purposes. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra learned High Court Government Pleader vehemently opposes the said bail petition and she further submitted that merely because eyewitnesses are turned hostile, that may not be the ground to grant bail. She further submitted that the petitioner is involved in many other cases, including murder case. There is a chance of tampering the prosecution witnesses. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned HCGP prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and averments of the charge sheet and also the depositions made available by the learned counsel for the petitioner along with the petition, I am of the considered opinion that the petitioner has made out a case to grant - 5 - NC: 2025:KHC:18367 CRL.P No. 4906 of 2025 bail as the complainant has turned hostile and not supported the case of the prosecution. 8. In the light of the observation made above, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in SC.No.2182/2022 (Cr.No.122/2021) of the respondent – Police, pending on the file of LXVI Addl. City Civil and Sessions Judge, at Bengaluru City (CCH-67), on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. - 6 - NC: 2025:KHC:18367 CRL.P No. 4906 of 2025 d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 28