- 1 - HC-KAR NC: 2025:KHC:24096 CRL.P No. 6864 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6864 OF 2025 BETWEEN: RAJESH S/O. ANANDA AGED ABOUT 30 YEARS, R/AT NO. 599, CASTAL GREEN COMPOUND K.R.PURA, RAILWAY STATION BEHIND RAMAMURTHY NAGARA, BENGALURU CITY. …PETITIONER (BY SRI. ARUN KUMAR, ADVOCATE) AND: 1. STATE BY RAMAMURTHYNAGAR PS BENGALURU REPTD.BY STATE PUBLIC PROCECUTOR HIGH COURT BUILDING, BENGALURU -560 001 2. T.VIJAY, S/O. THANGARAJ, AGED ABOUT 27 YEARS, R/AT NO. 26, C/O. DHANALAKSHMI 2ND FLOOR, THOTA MUNIYAPPA COMPOUND BETHAL SCHOOL NEAR, VIJAYANAGAR, RAMAMURTHYNAGAR, BENGALURU CITY. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24096 CRL.P No. 6864 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C NO.1467/2023 OF CR.NO.273/2023, FOR ALLEGED O/P/U/S 302, 341, 323 R/W 34 OF IPC REGISTERED BY RAMAMURTHY NAGAR POLICE, BENGALURU CITY, NOW PENDING ON THE FILE OF HON'BLE XIII ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-22). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in S.C.No.1467/2023 pending before the Court of 74th Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, arising out of Crime No.273/2023 registered by Rammurthy Nagar Police Station, Bengaluru, for offences punishable under Sections 302, 341, 323 read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.273/2023 was registered by Rammurthy Nagar Police Station against the - 3 - HC-KAR NC: 2025:KHC:24096 CRL.P No. 6864 of 2025 petitioner and four other unknown persons for offences punishable under Sections 302, 341, 323 read with Section 149 of IPC based on the first information received on 15.06.2023 from T.Vijay, who is the alleged injured eyewitness in the present case. 4. During the course of investigation, petitioner herein was arrested on 17.06.2023 and subsequently, remanded to judicial custody. After completing investigation, chargesheet has been filed against four persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed in S.C.No.1467/2023 was dismissed on 05.04.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that accused Nos.2 to 4 have been granted regular bail in the present case by the Sessions Court. C.W.1, who is the injured witness, has turned hostile to the case of the prosecution. Other material prosecution - 4 - HC-KAR NC: 2025:KHC:24096 CRL.P No. 6864 of 2025 witnesses, who are examined in the case, also have not supported the case of the prosecution. Petitioner is in custody for the last more than two years. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the petition, does not dispute the submissions made by the learned counsel for the petitioner. 7. Perusal of the material on record would go to show that deceased Irudaya Raj is the uncle of first informant. In the FIR, it is stated that on 14.06.2023 at about 11 p.m. when first informant and his uncle Irudaya Raj were returning to their home in a two wheeler, accused No.1/petitioner herein and four other unknown persons allegedly intercepted their motorbike and petitioner allegedly assaulted Irudaya Raj with wooden portion of the long on his head and other accused persons assaulted Irudaya Raj and the first informant with their hands, criminally intimidated the first informant with dire - 5 - HC-KAR NC: 2025:KHC:24096 CRL.P No. 6864 of 2025 consequences to his life in the event he informs about the incident to anybody and had left the spot. Thereafter, the injured first informant and Irudaya Raj had returned to their house and had slept. On the next day, at about 7 a.m., first informant found that his uncle Irudaya Raj had died and it is under said circumstances, he had approached the police. 8. First informant - C.W.1 has been examined before the Trial Court as P.W.2. He has not supported the case of the prosecution. Out of the 35 chargesheet witnesses cited in the present case, till date 7 chargesheet witnesses have been examined. Since material chargesheet witnesses are already examined, there cannot be any apprehension that petitioner may tamper with the material prosecution witnesses. Petitioner is in custody for the last more than two years and considering the fact that out of the 35 chargesheet witnesses, till date 7 chargesheet witnesses have been examined, chances of trial - 6 - HC-KAR NC: 2025:KHC:24096 CRL.P No. 6864 of 2025 being completed and case being disposed of on merits in the near future is very remote. Accused Nos.2 to 4 have been already granted bail by the Sessions Court. Under the circumstances, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for regular bail requires to be answered affirmatively. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.1467/2023 pending before the Court of 74th Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, arising out of Crime No.273/2023 registered by Rammurthy Nagar Police Station, Bengaluru, for offences punishable under Sections 302, 341, 323 read with Section 34 of IPC, subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:24096 CRL.P No. 6864 of 2025 a) The 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 PKS List No.: 1 Sl No.: 33