- 1 - NC: 2025:KHC:17550 CRL.P No. 5237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5237 OF 2025 BETWEEN: SRI. CHETHAN KUMAR. N.G S/O. GANGADHARAIAH AGED ABOUT 33 YEARS R/AT C/O. GIRISH HOUSE SAIBABA ARCH ROAD SAIBABANAGARA ANDRAHALLI MAIN ROAD BANGLAORE - 560 091. …PETITIONER (BY SRI R.B. SADASHIVAPPA, ADV., FOR SMT. HARINI B.R, ADV.) AND: STATE OF KARNATAKA BY BYADARAHALLI P.S BENGALURU RURAL DISTRICT BANGALORE - 560 091 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHAPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.2) ON REGULAR BAIL IN CRIME NO.763/2024 (C.C.NO.1030/2025) OF RESPONDENT BYADARAHALLI POLICE STATION, BENGALURU RURAL DISTRICT REGISTERED FOR THE OFFENCE P/US/ 103,115(2),351(3),352,3(5) OF BNS 2023 PENDING ON THE FILE OF CHIEF JUDICAIL MAGISTRATE COURT (CJM) BENGALURU. 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:17550 CRL.P No. 5237 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Crime No.763/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences punishable under Sections 103, 115(2), 351(3), 352, 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.763/2024 was registered by Byadarahalli Police Station, Bengalury City, initially for the offences punishable under Sections 109, 118(1), 3(5), 351(3) of BNS, 2023, against Karthika and others based on the first information dated 28.11.2024 received from Avinash S/o Nagaraju who is the alleged injured witness in the present case. It appears that Abhishek who had suffered grievous injuries in the incident, had subsequently died, and therefore, the offence punishable under Section 103 of BNS, 2023, was invoked in the present case. During the course of investigation, petitioner herein was arrested on 30.11.2024, and subsequently remanded to judicial custody. After completing - 3 - NC: 2025:KHC:17550 CRL.P No. 5237 of 2025 investigation, charge sheet has been filed against four persons and petitioner is arrayed as accused no.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the first information was registered against four named accused and others. Petitioner's name is undisputedly not found in the FIR. The first informant allegedly is the injured victim in the present case. During the course of investigation, petitioner herein was arrested on 30.11.2024. After completion of investigation, charge sheet has been filed against four persons. Petitioner is arrayed as accused no.2 in the charge sheet. Accused nos.3 & 4 have been granted regular bail by the jurisdictional Sessions Court. 5. Accused no.4 is the wife of deceased Abhishek. Accused no.3 is the wife of CW-1 - Avinash who is the first informant in the present case. Accused no.3 allegedly had illicit relationship with accused no.1. CW-1 allegedly had borrowed a sum of Rs.50,000/- from accused no.1 and he had not repaid the same. Accused no.1, therefore, allegedly had demanded - 4 - NC: 2025:KHC:17550 CRL.P No. 5237 of 2025 repayment of the said amount from CW-1. On 27.11.2024, deceased who is the elder brother of CW-1, allegedly had confronted accused no.1 and asked him as to why he was demanding excess money from CW-1 and it appears that there was a quarrel between accused no.1 and Abhishek and at that time, the other accused persons also came there. In the alleged incident that had taken place thereafter, accused no.1 allegedly had assaulted Abhishek with a metal bangle which he was wearing in his hand and as a result, Abhishek had suffered grievous injuries on his head. Accused no.2 allegedly had assaulted Abhishek when he fell on the ground and accused nos.3 & 4 also allegedly assaulted Abhishek with their hands and legs. CW-1 is the alleged eye-witness in the incident in question. However, he has not named the petitioner in the FIR. Accused nos.3 & 4 as against whom similar allegations were made have been granted regular bail by the Sessions Court. The allegation of assaulting the deceased with a metal bangle on his head and causing grievous injuries is as against accused no.1. Undisputedly, petitioner has no other criminal antecedents and his presence at the spot was not spoken to by the eye-witness - CW-1. Under the circumstances, I am of the - 5 - NC: 2025:KHC:17550 CRL.P No. 5237 of 2025 opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.763/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences punishable under Sections 103, 115(2), 351(3), 352, 3(5) of BNS, 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; 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 - 6 - NC: 2025:KHC:17550 CRL.P No. 5237 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK