- 1 - HC-KAR NC: 2025:KHC:20071 CRL.P No. 6100 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. 6100 OF 2025 BETWEEN: GOVARDHAN S/O CHALUVAPPA AGED ABOUT 33 YEARS R/OF DEVARASANAHALLI VILLAGE, NANJANAGUD TALUK MYSURU DISTRICT - 571 118. …PETITIONER (BY SRI PARAMESWARAPPA C, ADV.) AND: THE STATE OF KARNATAKA BY NANJANGUD RURAL POLICE STATION MYSURU DISTRICT - 571 301 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU - 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 ENLARGE HIM ON BAIL IN CONNECTION WITH CRIME NO.191/2024 OF NANJANGUD RURAL POLICE STATION, MYSURU DISTRICT FOR THE AFORESAID OFFENCES PUNISHABLE UNDER SECTION 103(1), 111(2)(a), 61(2), 49 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA (BNS), 2023, PENDING ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU SC NO.67/2025 FOR TRIAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20071 CRL.P No. 6100 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.67/2025 pending before the Court of IV Addl. District and Sessions Judge, Mysuru, arising out of Crime No.191/2024 registered by Nanjanagudu Rural Police Station, Mysuru, for the offences punishable under Sections 103(1), 111(2)(a), 61(2), 49 and 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. FIR in Crime No.191/2024 was registered by Nanjanagudu Rural Police Station, Mysuru, initially for the offence punishable under Section 103(1) of BNS, 2023, against unknown persons based on the first information dated 07.10.2024 received from Soubhagya, who is the wife of deceased Nanjundaswamy. During the course of investigation, petitioner herein was arrested on 21.10.2024. After completing investigation, charge sheet has been filed against five persons and petitioner herein is arraigned as accused No.1 in the - 3 - HC-KAR NC: 2025:KHC:20071 CRL.P No. 6100 of 2025 charge sheet. His bail application filed before the Trial Court in SC No.67/2025 was rejected on 15.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons. Petitioner who was arrested on 21.10.2024 was subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed. As per the charge sheet allegations, petitioner had ill-will against the deceased and therefore, he had decided to eliminate him. Accused No.5 allegedly introduced accused No.2 to accused No.1 for the purpose of committing the murder of deceased Nanjundaswamy. Accused No.2 thereafter allegedly contacted accused Nos.3 and 4 and they had conspired to commit the murder of deceased and in furtherance of their conspiracy, on 06.10.2024, accused Nos.2 to 4 had intercepted the motor bike of Nanjundaswamy at about 12.00 in the mid night and had assaulted him with deadly weapons and committed his murder. Accused No.5 has been granted regular bail by this Court in Crl.P.No.3580/2025. Undisputedly, petitioner has no other - 4 - HC-KAR NC: 2025:KHC:20071 CRL.P No. 6100 of 2025 criminal antecedents and he is in custody from 21.10.2024. The allegation against the petitioner is that he had conspired with other accused persons to commit the murder of deceased. It is not in dispute that the petitioner was not present at the spot of crime on the alleged date of incident. The trial in the case is yet to commence. The entire case of the prosecution is based on circumstantial evidence. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.67/2025 pending before the Court of IV Addl. District and Sessions Judge, Mysuru, arising out of Crime No.191/2024 registered by Nanjanagudu Rural Police Station, Mysuru, for the offences punishable under Sections 103(1), 111(2)(a), 61(2), 49 and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC:20071 CRL.P No. 6100 of 2025 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; 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 DN