- 1 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5368 OF 2025 C/W CRIMINAL PETITION NOs. 4993 OF 2025, 5013 OF 2025 IN CRL.P No. 5368/2025: BETWEEN: NAGAPRASAD S/O NAGARAJU AGED ABOUT 34 YEARS R/A NEAR WATER TANK KARENAHALLI, DODDABALLAPURA TALUK, DODDABALLAPURA - 561 203. …PETITIONER (BY SRI M. KRISHNE GOWDA, ADV.) AND: STATE OF KARNATAKA STATE BY DODDABALLAPURA RURAL P.S RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONERS IN CRIME NO.387/2024 OF DODDABALLAPURA RURAL POLICE, NOW IN C.C.NO.2191/2025 AND ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DODDABALLAPURA, FOR THE OFFENCES PUNISHABLE U/S 140(1) (2), 103(1), 238, 61, 103(1), 3 (5) OF BHARATIYA NYAYA SANHITA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 IN CRL.P NO. 4993/2025: BETWEEN: ANIL MORA S/O PRABHAKAR AGED ABOUT 42 YEARS R/AT SHED NEAR GEETHAM COLLEGE, NAGADEVANAHALLI VILLAGE, KASABA HOBLI DODDABALLAPURA TALUK DODDABALLAPURA - 561 203. ...PETITIONER (BY SRI M. KRISHNE GOWDA, ADV.) AND: STATE OF KARNATAKA STATE BY DODDABALLAPURA RURAL P.S, RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF REGULAR BAIL ENLARGING THE PETITIONERS IN CR.NO.387/2024 OF DODDABALLAPURA RURAL POLICE NOW IN C.C.NO.2191/2025 AND ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C, DODDABALLAPURA FOR THE OFFENCE P/U/S 140(1)(2),103(1),238,61,3(5) OF BNS. IN CRL.P NO. 5013/2025: BETWEEN: RAJ KUMAR @ KUMARA S/O SAJJAPPA AGED ABOUT 47 YEARS R/AT K.V. NARAYANA LAYOUT INFOCITY-2, JAYASHREE APARTMENT KASABA HOBLI, DODDABALLAPURA DODDABALLAPURA - 561 203. ...PETITIONER - 3 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 (BY SRI C.V. NAGESH, SR. COUSEL FOR SRI ESHWARA H.H, ADV.) AND: STATE OF KARNATAKA STATE BY DODDABALLAPURA RURAL P.S, RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.387/2024 OF DODDABALLAPURA RURAL POLICE, NOW IN C.C.NO.2191/2025 AND ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DODDABALLAPURA, FOR THE OFFENCE P/US/ 140(1)(2),103(1),238,103(1),3(5) AND 61 OF BNS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 in Crime.No.387/2024 registered by Doddaballapura Rural Police Station, Bengaluru District for the offences punishable under Sections 140(1)(2), 103(1), 238, 61 R/w 3(5) of BNS, 2023 are before this Court in these three petitions under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. - 4 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 3. FIR in Crime.No.387/2024 was registered by Doddaballapura Rural Police Station, Bengaluru District initially for the offences punishable under Sections 140(1) & 140(2) of BNS, 2023 against Rajakumar and another on the basis of the first information dated 21.12.2024 submitted by Smt. Kalavathi, wife of deceased N.C. Devaraju. During the course of investigation, accused No.1 was arrested on 25.12.2024, accused No.2 was arrested on 23.12.2024 and accused No.3 was arrested on 27.12.2024 and subsequently they were remanded to judicial custody. After completing the investigation, charge sheet has been filed against accused Nos.1 to 3 for the aforesaid offences. 4. The bail application filed by the petitioners before the jurisdictional Sessions was rejected. Therefore, they are before this Court. 5. Learned Senior Counsel appearing on behalf of the petitioners submits that entire case of the prosecution is based on circumstantial evidence. There is an inordinate - 5 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 delay in registering the FIR. The dead body of the deceased has not been recovered in the present case. Reading of the statement made by CW.3 Subramani would raise a doubt as to whether Devaraj has died. The petitioners who have no criminal antecedents are in custody for the last six months. Accordingly, he prays to allow the petitions. 6. Per contra, the learned HCGP has opposed the bail application. She submits that there are sufficient material to connect the petitioners to the alleged crime. The accused persons had a strong motive to commit the murder of the deceased. Accused No.1 is a person known to the first informant and she has stated that accused No.1 was the person, who had taken the deceased from his house on 17.10.2024. Accordingly, she prays to dismiss the petitions. 7. In the first information submitted by the wife of deceased Devaraj, it is stated that on 17.10.2024, her husband Devaraj had gone out of the milk parlour owned - 6 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 by him, without informing her and at about 6.30 p.m, on the said date, her nephew was informed by his friend Shashikiran, that Devaraj had gone to Gouribidanoor. Since Devaraj had not returned home on the said date, a missing complaint was lodged by the nephew of the first informant at Doddaballapura Rural Police Station in Crime No.325/2024. In the present first information it is further submitted that on 17.10.2024 at about 5.50 p.m, when Devaraj was in his house, his friend Rajkumar (accused No.1) and another came in a Innova car and took Devaraj along with them. She has further stated that Devaraj had given loan of Rs.20 to 30 lakhs to Rajkumar. Since Devaraj had not returned home thereafter, first information was submitted in this regard on 21.12.2024 by his wife, which is after a delay of more than two months from the date on which Devraj was found missing. During the course of investigation in Crime No.387/2024, Rajkumar and two other accused persons were arrested - 7 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 and after completing investigation, charge sheet has been filed against them for the aforesaid offences. 8. In the charge sheet it is alleged that accused No.1(Rajkumar) was due to pay about Rs.20-25 lakhs to Devaraj and since Devaraj was demanding for repayment of said money, accused No.1 had decided to eliminate him and accordingly had conspired with accused No.2. In furtherance of such conspiracy on 17.10.2022, accused Nos.1 and 2 had allegedly kidnapped Devaraj from his house and after taking him to a isolated place, committed his murder by strangulating his neck with a rope and thereafter his dead body was buried in a site belonging to accused No.1. 9. It is further alleged that on 20.11.2024, accused No.1 had summoned accused No.3 for the purpose of exhuming the dead body, which was buried in the site belonging to accused No.1, with an intention to destroy evidence and accordingly after exhuming the dead body, accused Nos.1 had burnt the same and thereafter - 8 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 remains of dead body were allegedly disposed of in Madhure lake near Nelamangala. 10. The entire case of the prosecution is based on circumstantial evidence. Though deceased was kidnapped by a known person on 17.10.2024 itself, the first informant belatedly approached the police after a lapse of two months from the date of alleged kidnap and had submitted her first information, based on which FIR was registered against accused No.1 and another. The statement of CW.3 Subramani was recorded on 04.03.2025 and in the said statement he has stated that on 17.12.2024 at about 5.50 p.m, he had seen deceased along with accused who were traveling in a Innova car. According to the prosecution the murder was committed on 17.10.2024. 11. Undisputedly, the dead body of deceased Devaraj has not been recovered in the present case and what has been recovered is the burnt remains of the dead body from Madhure lake. Under these circumstances, - 9 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 without expressing any opinion on the merits/demerits of the case, the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 12. Accordingly, the following: ORDER The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime.No.387/2024 registered by Doddaballapura Rural Police Station, Bengaluru District for the offences punishable under Sections 140(1)(2), 103(1), 238, 61 R/w 3(5) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 10 - HC-KAR NC: 2025:KHC:19971 CRL.P No. 5368 of 2025 C/W CRL.P No. 4993 of 2025 CRL.P No. 5013 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS