- 1 - NC: 2025:KHC:17544 CRL.P No. 5320 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. 5320 OF 2025 BETWEEN: 1. SANTHOSH M @ SANTOO @KASAVANAHALLI SANTHOSH S/O MAHADEVAIAHS AGED ABOUT 29 YEARS R/AT BEHIND SLV IYENGAR BAKERY OPP TO HEGADE MEDICAL ROAD MANGAMMANAPALYA BENGALURU - 560 068. 2. PUNITH KUMAR.R @ PUNITH @ PUNI S/O RAJA AGED ABOUT 26 YEARS R/AT 2, 2ND FLOOR, G.K.LAYOUT BLOSS STAR SCHOOL, NAGANATHAPURA SHIVA PRAKASH BUILDING 14TH CROSS, HOSAROAD BENGALURU - 560 068. …PETITIONERS (BY SRI M. KRISHNA GOWDA, ADV., FOR SMT. SHIVAMMA D, ADV.) AND: STATE OF KARNATAKA STATE BY ELECTRONIC CITY P.S. RPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17544 CRL.P No. 5320 of 2025 PETITIONERS IN CR.NO.262/2021 OF ELECTRONIC CITY POLICE, NOW IN SC.NO.184/2022 AND PENDING TRIAL BEFORE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BANGALORE RURAL, FOR THE OFFENCES P/U/S 120(B),143,144,147,148,150,341,427,307,302 R/W 149 OF IPC, U/S 4,25(1-B)(B) OF ARMS ACT. 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 Nos.2 and 8 in S.C.No.184/2022 pending before the Court of VI Addl. District & Sessions Judge, Bangalore Rural arising out of Crime.No.262/2021 registered by Electronic Police Station, Bengaluru City for the offences punishable under Sections 120B, 143, 144, 147, 148, 150, 341, 427, 307 & 302 R/w 149 of IPC and Section 4 & 25 (1-B)(B) of the Indian Arms Act, 1959 are before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.262/2021 was registered by Electronic Police Station, Bengaluru City for the aforesaid offences against Naveen Kumar and two others on the basis of the first information dated 28.12.2021 submitted - 3 - NC: 2025:KHC:17544 CRL.P No. 5320 of 2025 by Sri Tridev S/o Arvind. During the course of investigation, accused No.2 was arrested on 30.12.2021 and accused No.8 was arrested on 03.01.2022. After completing investigation charge sheet has been filed against 10 persons. The petitioners herein are arrayed as accused Nos.2 and 8 in the charge sheet. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.455/2025 was rejected on 03.04.2025. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners submits Cws.1 to 4 and 6 are the material charge sheet witnesses and the said witnesses have turned hostile to the case of the prosecution. The petitioners do not have criminal antecedents. Accused No.3 has been granted regular bail by this Court in Crl.P.No.3338/2025, after the material charge sheet witnesses have been turned hostile. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:17544 CRL.P No. 5320 of 2025 6. Per contra, the learned HCGP who has opposed the bail application however does not dispute the submission made by the learned counsel for the petitioners. 7. The petitioners are in custody from 30.12.2021 and 03.01.2022 respectively. Cws.1 to 4 and 6 are the material witnesses to the incident in question and some of them are allegedly injured eye witnesses. CWs.1 to 7 have been examined before the Trial Court as PWs.1 to 7 and all the said witnesses have turned hostile to the case of the prosecution. Even though the said witnesses have been cross-examined by the public prosecutor nothing material has been elicited from their mouth which is incriminated against accused. The petitioners who have no criminal antecedents are in custody for the last more than three years 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioners' prayer for grant of regular bail requires to be answered affirmatively. - 5 - NC: 2025:KHC:17544 CRL.P No. 5320 of 2025 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.184/2022 pending before the Court of VI Addl. District & Sessions Judge, Bangalore Rural arising out of Crime.No.262/2021 registered by Electronic Police Station, Bengaluru City for the offences punishable under Sections 120B, 143, 144, 147, 148, 150, 341, 427, 307 & 302 R/w 149 of IPC and Section 4 & 25 (1-B)(b) of the Indian Arms Act, 1959, 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; - 6 - NC: 2025:KHC:17544 CRL.P No. 5320 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