- 1 - HC-KAR NC: 2025:KHC:20576 CRL.P No. 6384 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.6384 OF 2025 BETWEEN: SACHIN M S/O MAHESH AGED ABOUT 19 YEARS, R/AT AMBEDKAR BEEDI, PALAHALLI VILLAGE, SRIRANGAPATANA TALUK MANDYA DISTRICT-571606 …PETITIONER (BY SMT RAKSHA KEERTHANA.K FOR SRI KEMPARAJU, ADVOCATES) AND: STATE OF KARNATAKA BY SRIRANGAPATANA TOWN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001 …RESPONDENT (BY SRI RANGASWAMY.R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE/RELEASE THE PETITIONER ON REGULAR BAIL IN S.C.No.5023/2024 (CRIME NO.206/2023) OF THE RESPONDENT SRIRANGAPATNA TOWN POLICE STATION, FOR THE OFENCES PUNISHABLE UNDER SECTIONS 143, 148, 114, 120(B), 302 R/W 149 OF IPC, PENDING ON THE FILE OF HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, AT MANDYA, SITTING AT SRIRANGAPATNA. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20576 CRL.P No. 6384 of 2025 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.5 in S.C.No.5023/2024, pending before the Court of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Crime No.206/2023, registered by Srirangapatna Police Station, Mandya, for offences punishable under Sections 143, 148, 114, 120B, 302 r/w Section 149 IPC is before this Court in this petition filed under Section 439 of Cr.P.C., seeking regular bail. 2. Heard learned counsel for the parties. 3. First Information Report in Cr.No.206/2023 was registered by Srirangapatna Police Station, Mandya for offences punishable under Section 143, 148, 114, 120B and 302 r/w Section 149 IPC against Shivaprasad and others based on the first information dated 02.10.2023 received from Pramoda (CW1), brother of deceased Vinoda @ Kunta Vinu. - 3 - HC-KAR NC: 2025:KHC:20576 CRL.P No. 6384 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 06.10.1023. After completing investigation, charge sheet has been filed against twelve persons and petitioner is arrayed as accused No.5 in the charge sheet. Bail application filed by the petitioner before the Trial Court in S.C.No.5023/2024 was rejected on 30.10.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner having reiterated the petition averments submits that accused No.7, 8, 10 and 12 have been enlarged on regular bail by this Court. Petitioner aged 21 years, who has no criminal antecedent, is in custody from 06.10.2023. His name is not found in the FIR and the alleged eyewitnesses who have subsequently named the petitioner in their statements have not attributed any overt act against the petitioner and inspite of the same, in the charge sheet allegations is now made that petitioner is one of the assailant of the deceased. He accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that C.W.1 to C.W.4 are - 4 - HC-KAR NC: 2025:KHC:20576 CRL.P No. 6384 of 2025 the eyewitnesses to the incident. Though C.W.1 has not mentioned the presence of the petitioner at the spot of crime, the other eyewitnesses have stated about the presence of the petitioner at the spot of crime. Accordingly, he prays to dismiss the petition. 7. First informant – C.W.1 in the present case is the brother of deceased Vinoda @ Kunta Vinu, who is allegedly an eyewitness to the incident in question, in which accused persons had assaulted the deceased with deadly weapons and committed his murder. In the first information the presence of the petitioner who hails from the very same village has not been mentioned by the first informant and it is only in the statement of C.Ws.2 to 4 which was recorded subsequently. The presence of petitioner at the spot of crime has been mentioned. 8. Reading of the statement of C.Ws.2 to 4 would go to show that after hearing C.W.1 Pramoda shouting, they had gone to the spot of crime and in their statement they have said that petitioner was present along with the other assailants who are named in the first information. C.W.2 to C.W.4 have not - 5 - HC-KAR NC: 2025:KHC:20576 CRL.P No. 6384 of 2025 spoken about the specific overt act of the petitioner in the alleged crime. However, in the charge sheet it is alleged that accused No.1 to 6 and 9 are the assailants who allegedly had assaulted deceased Vinoda with deadly weapons. Petitioner, who was aged about 19 years as on the date of his arrest, is in custody from 06.10.2023. Investigation of the case is already completed and charge sheet has been filed. Trial in the case is yet to commence. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case. 9. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail S.C.No.5023/2024, pending on the file of the Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Crime No.206/2023 registered by Srirangapatna Police Station, for the offences punishable under Sections 143, 148, - 6 - HC-KAR NC: 2025:KHC:20576 CRL.P No. 6384 of 2025 114, 120B and 302 r/w Section 149 IPC, subject to the following conditions: a) 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; 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 MR