- 1 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5177 OF 2025 BETWEEN: SRI. RAGHU S.K., S/O SRI.KEMPARAJU, AGED ABOUT 30 YEARS, RESIDING AT 1ST FLOOR, NEAR THIRUMALA PROVISION STORE, 4TH CROSS, METRO QUARTERS ROAD, KARIMSAB NAGAR, SUNKADAKATTE, BENGALURU – 560 091. PERMANENT ADDRESS NO.47, 4TH CROSS, NEAR NARASIMHASWAMY TEMPLE, HANUMANTHARAYANAPALYA, SUNKADAKATTE, BENGALURU – 560 091. …PETITIONER (BY SRI. RAJANNA C., ADVOCATE) AND: STATE OF KARNATAKA, BY KAMAKSHIPALYA POLICE STATION, BANGALORE CITY. REPRESENTED BY ITS S.P.P., Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 of 2025 HIGH COURT BUILDING, BANGALORE – 01. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL, IN CRIME NO.68/2025 OF KAMAKSHIPALYA POLICE STATION, BENGALURU CITY REGISTERED AGAINST THE PETITIONER AND ANOTHER FOR AN ALLEGED OFFENCE P/US/ 109, 352, 103 R/W SEC.3(5) OF BNSS 2023 PENDING ON THE FILE OF THE 24th ACJM BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Cr.No.68/2025 registered by Kamakshipalya Police Station, Bengaluru City, for offences punishable under Sections 109, 352, 103 and read with Section 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 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 of 2025 3. FIR in Crime No.68/2025 was registered by Kamakshipalya Police Station, Bengaluru City, for the offences punishable under Sections 109, 352 read with Section 3(5) against Satish and petitioner herein based on first information submitted by N.Kumar S/o Nataraj who is deceased in the present case. Subsequently after the registration of the FIR, the injured first informant Kumar died in the hospital on 09.02.2025. 4. During the course of investigation, petitioner herein was arrested on 10.02.2025 and subsequently, remanded to judicial custody. After completing investigation, chargesheet has been filed against two persons and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.Nos.2272/2025 was rejected on 29.03.2025. Therefore, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 of 2025 5. Learned Counsel for the petitioner submits that the petitioner has no criminal antecedents. Neither in the first information nor in the charge sheet, there is any allegation against the petitioner which would prima facie attract the offence punishable under Section 103 of BNS 2023, against the petitioner. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. Material on record would go to show that the injured Kumar was admitted in the hospital and his statement which is considered as first information in the present case was recorded in the hospital on 08.02.2025. In the said statement, Kumar has stated that he had purchased an autorickshaw from accused No.1-Satish with an assurance that he would be paying the monthly - 5 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 of 2025 installments towards the loan borrowed by accused No.1 for the purpose of purchasing the auto rickshaw. 8. It appears that accused No.2 is a guarantor to the loan borrowed. Since Kumar had failed to repay the installments towards the loan borrowed, the financiers were allegedly calling accused No.1 demanding the repayment and therefore, accused No.1 had asked Kumar to return the autorickshaw or to pay the loan installments. Kumar who was not in a position to repay the loan installments in view of his financial conditions and had refused to return the auto rickshaw and informed Satish that if any attempt is made to take back the autorickshaw, he would commit suicide by pouring petrol on him. On 07.02.2025, accused No.1 had called Kumar and asked him to return the autorickshaw and Kumar has refused to hand over the autorickshaw and informed accused No.1 that he would commit suicide in the event he attempts to take back the autorickshaw. Thereafter, at about 8.45 p.m. on 07.02.2025 accused No.1 came to the - 6 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 of 2025 spot where Kumar had parked his autorickshaw along with accused No.2 and by the said time Kumar had already poured kerosene on himself and informed accused No.1 that in the event he attempts to take back his autorickshaw he would be committing suicide by litting fire on himself. Accused No.2-Satish who came near Kumar, allegedly lit up a match stick and threw the same towards Satish and as a result Kumar suffered burn injuries and thereafter he was admitted to Victoria hospital, wherein his statement was recorded on 08.02.2025. 9. Subsequently, Kumar died in the hospital on 09.02.2025. Investigation of the case is completed and charge sheet has been filed. In the charge sheet, it is alleged that accused No.1 had come to spot of crime along with accused No.2 in the Scooter which belonged to the wife of accused No.2. Except the same, there is no other allegation as against accused No.2 who is in custody from 10.02.2025. Undisputedly, he has no other criminal antecedents. Under the circumstances, I am of the opinion - 7 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 of 2025 that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Cr.No.68/2025 registered by Kamakshipalya Police Station, Bengaluru City, for offences punishable under Sections 109, 352, 103 and read with Section 3(5) of BNS 2023, subject to the following conditions: a) The petitioner shall execute 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; 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; - 8 - HC-KAR NC: 2025:KHC:18964 CRL.P No. 5177 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 rv List No.: 1 Sl No.: 47