- 1 - NC: 2025:KHC:17153 CRL.P No. 5238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5238 OF 2025 BETWEEN: NAVEEN KUMAR @ NAVEEN S/O VARADHARAJU AGED ABOUT 36 YEARS R/AT, NO.C-3, 406 SNN SERANITY APARTMENT BEGARKOPPA ROAD YELENAHALLI, BEGUR BENGALURU 560 068. …PETITIONER (BY SRI RANGANATH REDDY R, ADV.) AND: STATE BY THE STATION HOUSE OFFICE ELECTRONIC CITY POLICE STATION BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR (HIGH COURT OF KARNATAKA ) PIN CODE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 (U/S 483 OF BNSS) CR.PC PRAYING TO ENLARGED ON BAIL IN CR.NO.262/2021 REGISTERED BY ELECTRONIC CITY POLICE, REGISTERED IN CHIEF JUDICIAL MAGISTRATE, BANGAORE RURAL DISTRICT WHICH IS NOW COMMITTED AND PENDING AS SC NO.184/2022 FOR THE OFFENCES P/U/S 341, 427, 307, 302, 120B, 34OF IPC AND 4, 25-1(B)(b) OF THE ARMS ACT 1959. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17153 CRL.P No. 5238 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.184/2022 pending before the Court of VI Addl. District and Sessions Judge, Bengaluru Rural District arising out of Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City, for the offence punishable under Sections 120(B), 143, 144, 147, 148, 150, 341, 427, 307 & 302 R/w 149 of IPC & Sections 4, 25-1(B)(b) of the Indian Arms Act is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.262/2021 was registered by Electronic City Police Station, Bengaluru City initially for the offence punishable under Sections 341, 427, 307, 302 & 120B of R/w 34 IPC and Section 4, 25-1(B)(b) of the Indian Arms Act against the petitioner and two others, on the basis of first information dated 28.12.2021 received from Sri Tridev S/o Arvind. During the course of - 3 - NC: 2025:KHC:17153 CRL.P No. 5238 of 2025 investigation, the petitioner herein was arrested 28.12.2021 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against accused for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1498/2022 was dismissed on 18.08.2022. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is in custody for the last more than three years. The material charge sheet witnesses have been already examined in the present case and they have turned hostile. Under the said circumstance, accused Nos.3 to 5 have been granted regular bail by this Court. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. - 4 - NC: 2025:KHC:17153 CRL.P No. 5238 of 2025 7. The petitioner who was arraigned as accused No.1 in the present case was arrested on 28.12.2021 and ever since then he is in custody. Investigation in the case is complete and charge sheet has been filed. Before the Trial Court, till date 8 witnesses have been examined as PW.1 to PW.8. CWs.1 to 4 and 6 are the alleged eye witnesses to the incident in question. The said witnesses are also examined before the Trial Court and they have not supported the case of the prosecution. Therefore, the prosecution has treated them as hostile witnesses and in their cross-examination nothing material has been elicited from their mouth which is incriminating against accused. 8. Considering the aforesaid aspects of the matter, this Court has granted regular bail to accused Nos.3 to 5 in Crl.P.No.3338/2025 and Crl.P.No.3272/2025 C/w Crl.P.No.3320/2025 respectively. Under these circumstances, considering the period of incarceration of the petitioner, I am of the opinion that, the prayer made - 5 - NC: 2025:KHC:17153 CRL.P No. 5238 of 2025 by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.184/2022 pending before the Court of VI Addl. District and Sessions Judge, Bengaluru Rural District arising out of Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City, for the offences punishable under Sections 120(B), 143, 144, 147, 148, 150, 341, 427, 307 & 302 R/w 149 of IPC and Sections 4, 25-1(B)(b) of the Indian Arms Act, subject to the following conditions: a) The Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:17153 CRL.P No. 5238 of 2025 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; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS