- 1 - NC: 2025:KHC:17813 CRL.P No. 5270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5270 OF 2025 BETWEEN: SHEIK NIJAMUDDIN @ SHEK NIJAMUDDIN S/O VASSEL REHAMAN @ VASEEVULA REHMAN AGED 32 YEARS RESIDING AT BRAHMIN STRET V. KOTA PALAMANER TALUK, CHITTOR DISTRICT, ANDHRA PRADESH - 517 424. …PETITIONER (BY SRI CHETHAN A, ADV.) AND: STATE OF KARNATAKA BY BETHAMANGALA POLICE STATION KOLAR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.114/2024 NOW THE SAME IS REGISTERED IN S.C NO.1/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 3(5), 352 OF BHARATIYA NYAYA SANHITA-2023 ON THE FILE OF BETHAMANGALA POLICE STATION, PENDING BEFORE HONBLE III-ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT K.G.F) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17813 CRL.P No. 5270 of 2025 ORAL ORDER Accused No.3 in S.C.No.1/2025 pending before the Court of III Addl. District & Sessions Judge, Kolar (sitting at KGF), arising out of Crime No.114/2024 registered by Bethamangala Police Station, Kolar District for the offences punishable under Sections 103(1), 352 R/w 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned appearing for the parties. 3. FIR in Crime No.114/2024 was registered by Bethamangala Police Station, Kolar District for the aforesaid offences against one Prasad and two others, on the basis of first information dated 19.08.2024 received from Sri Srinivasalu S/o Cinnappa. During the course of investigation, the petitioner was arrested on 19.08.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and the petitioner herein is arraigned as accused No.3 in the charge sheet. 4. The bail application filed by the petitioner before the Sessions Court in S.C.No.1/2025 was dismissed on 15.02.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:17813 CRL.P No. 5270 of 2025 5. Learned counsel for the petitioner submits that allegation against the petitioner and accused No.2 are similar in the charge sheet. The petitioner has no criminal antecedents. Accused No.2 has been granted regular bail by this Court in Crl.P.No.3037/2025. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 7. Perusal of the material on record would go to show that, on 18.08.2024 at about 8.20 p.m, accused persons have gone to Ganesh Bar & Restaurant within the jurisdiction Bethamangala Police Station and after having food in the said Bar & Restaurant, they had asked deceased Mani to pay their bill. It appears that thereafter there was a quarrel between the parties and Mani allegedly assaulted No.1 with his hands. Subsequently, accused No.1 allegedly assaulted Mani on his head with a beer bottle. Allegation against accused Nos.2 and 3 is that they had pushed Mani to the ground and assaulted him with their hands and legs. 8. The postmortem report of deceased Mani would go to show that the death is due to head injury with secondary - 4 - NC: 2025:KHC:17813 CRL.P No. 5270 of 2025 cardiac arrest. Undisputedly, the petitioner has no criminal antecedents. The allegation against the petitioner and accused No.2, who has been granted regular bail by this Court in Crl.P.No.3037/2025 is similar. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1/2025 pending before the Court of III Addl. District & Sessions Judge, Kolar (sitting at KGF), arising out of Crime No.114/2024 registered by Bethamangala Police Station, Kolar District for the offences punishable under Sections 103(1), 352 R/w 3(5) of BNS, 2023, 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; 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; - 5 - NC: 2025:KHC:17813 CRL.P No. 5270 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) 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 NMS