- 1 - HC-KAR NC: 2025:KHC:19153 CRL.P No. 5603 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. 5603 OF 2025 BETWEEN: SRI. UMESH K.C., AGED ABOUT 43 YEARS, S/O CHIKKANNAGOWDA, R/AT NO.52, 2ND C MAIN ROAD, 9TH CROSS, NEAR OM SHAKTHI TEMPLE, ITTAMADU, BANASHANKARI 3RD STAGE, BENGALURU – 560 085. …PETITIONER (BY SRI. SURESH S., ADVOCATE) AND: STATE BY BYATARAYANAPURA POLICE, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SC.NO.325/2025 FOR THE OFFENCE P/U/S. 61(1), 140(2) AND 309(6) OF BNS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19153 CRL.P No. 5603 of 2025 2023 IN NO.380/2024 OF BYATARAYANAPURA POLICE STATION, BENGALURU, PENDING ON THE FILE OF THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-70), 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.3 in Crime No.380/2024 registered by accused No.3 in S.C.No.325/2025 pending before the Court of LXIX Additional City Civil and Sessions Judge (CCH-70), Bengaluru, arising out of Crime No.380/2024 registered by Byatarayanapura Police Station, Bengaluru for the offences punishable under Sections 61(1), 140(2) and 309(6) of the BNS, 2023 is before this Court under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.380/2024 was registered by Byatarayanapura Police Station, Bengaluru, initially for the offences punishable under Sections 140(2) and 309(6) of - 3 - HC-KAR NC: 2025:KHC:19153 CRL.P No. 5603 of 2025 the BNS, 2023 against unknown three persons based on the first information dated 30.11.2024 received from Hasim, S/o Abdul Reheman. During the course of investigation, the petitioner herein was arrested on 05.12.2024 and after completing investigation, charge sheet has been filed against four persons. The petitioner is arraigned as accused No.3 in the charge sheet. The bail application filed before the Sessions Court in Crl.Misc. No.1955/2025 was rejected on 18.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.1 as against whom similar allegation is found in the charge sheet has been granted regular bail by jurisdictional Sessions Court in Crl.Misc.No.2621/2025 disposed of 05.04.2025. Petitioner who has no criminal antecedent is in custody from 05.12.2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. - 4 - HC-KAR NC: 2025:KHC:19153 CRL.P No. 5603 of 2025 6. Perusal of the material on record would go to show that the first informant had approached the Police on 30.11.2024 and submitted first information wherein it is averred that on 29.11.2024, when the first informant was waiting near City Market Metro station to return to his home town in Kerala, at about 9:10 p.m., three strangers representing themselves as police officers took him along with them in a car. Thereafter, they assaulted the first informant and had drawn a sum of Rs.15 Lakhs and thereafter, abandoned him near nice road and had escaped in a car bearing No.KA-06 MA-8971. During the course of investigation, the Police have arrested totally four persons and charge sheet is now filed wherein the petitioner is arraigned as accused No.3. 7. Material on record would go to show that during the course of the investigation totally a sum of Rs.5 lakhs has been recovered from accused No.1 and a sum of Rs.3 Lakhs has been recovered from accused No.3. Petitioner herein is arraigned as accused No.3 in the charge sheet. - 5 - HC-KAR NC: 2025:KHC:19153 CRL.P No. 5603 of 2025 Accused No.1 has been granted regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.2621/2025 disposed of on 05.04.2025. Allegation against the petitioner and accused No.1 in the charge sheet is similar. Undisputedly, the petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following: O R D E R The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.380 of 2024 of Byatarayanapura Police Station, Bengaluru, registered for the offences punishable under Sections 61(1), 140(2) and 309(6) of the BNS, 2023, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of `1,00,000/- (Rupees one lakh - 6 - HC-KAR NC: 2025:KHC:19153 CRL.P No. 5603 of 2025 only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future, and v. 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.: 53