- 1 - HC-KAR NC: 2025:KHC:18788 CRL.P No. 6586 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6586 OF 2025 BETWEEN: RAKESH @ RAKI S/O LATE NAGARAJU N AGED ABOUT 31 YEARS RESIDING AT NO.144 NEAR RAMAKRISHNA AYURVEDIC LADIES PG, RAMAGONDANAHALLI BENGALURU-560 064 (IN JUDICIAL CUSTODY) …PETITIONER (BY MS. SWATHI R. BHAT FOR SRI. PRASANNA RAO R, ADVOCATES) AND: STATE BY YELAHANKA NEW TOWN P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-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 RELEASE THE PETITIONER ON BAIL IN CR.NO.166/2025 OF RESPONDENT YELAHANKA NEW TOWN P.S., REGISTERED FOR ALLEGED OFFENCES P/U/S 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2), 352 OF BNS, 2023, PENDING ON THE FILE OF THE HON'BLE 7TH ADDL. CMM COURT, BANGALORE. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18788 CRL.P No. 6586 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.3 in Crime No.166/2025 registered by Yelahanka New Town Police Station, Bengaluru, for the offence punishable under Sections 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2), 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.166/2025 was registered by the Yelahanka New Town Police Station, Bengaluru, against the petitioner herein and others for the aforesaid offences on the basis of first information dated 14.04.2025 received from Nandish Kumar N, s/o Narsiyappa who is the injured victim in the present case. The petitioner who is arrayed as accused No.3 in FIR was arrested on 14.04.2025 and subsequently remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:18788 CRL.P No. 6586 of 2025 4. The bail application filed by the petitioner in Crl.Misc.No.3246/2025 before the jurisdictional Sessions Court was rejected on 21.04.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that inrespect of the alleged incident that had taken place on 13.04.2025, a case and counter case has been registered. Based on the first information submitted by the petitioner herein, FIR in Crime No.165/2025 was registered by the Yelahanka New Police Station. Subsequently, a counter case has been registered in Crime No.166/2025. She submits that petitioner has no criminal antecedents. Accordingly, prays to allow the petition. 6. Per contra, learned HCGP has opposed the bail petition on the ground that investigation is under progress and therefore at this juncture petitioner cannot be enlarged on bail. Accordingly, prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:18788 CRL.P No. 6586 of 2025 7. Learned counsel for the petitioner submits that considering the fact that there is case and a counter case in respect of the alleged incident, the Coordinate Bench of this Court in Crl.P.No.7591/2025 has stayed the further proceedings in Crime No.166/2025 registered by the Yelahanka New Town Police Station insofar as the petitioner is concerned. 8. Perusal of the material available on record would go to show that alleged incident had taken place on 13.04.2025. Subsequently, a case and counter case has been registered by the Yelahanka New Town Police Station in Crime No.165/2025 and Crime No.166/2025 respectively. Petitioner is the first informant in Crime No.165/2025. Perusal of the FIR in Crime No.165/2025 would go to show that petitioner is one of the injured victim in the said case and Crime No.166/2025 has been registered by the Yelahanka New Town police Station against Ravi and others based on the first information - 5 - HC-KAR NC: 2025:KHC:18788 CRL.P No. 6586 of 2025 submitted by one Nandish Kumar. Further proceedings against petitioner in Crime No.166/2025 is said to have been stayed by this Court in Crl.P.No.7591/2025. Petitioner who is in custody has no other criminal antecedents. 9. Under the circumstances, I am of the opinion prayer made by the petitioner's for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.166/2025 registered by Yelahanka New Town Police Station, Bengaluru City, for the offences punishable under Sections 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2), 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:18788 CRL.P No. 6586 of 2025 a) Petitioner shall execute 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; Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 1 Sl No.: 62