- 1 - HC-KAR NC: 2025:KHC:24684 CRL.P No. 6884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.6884 OF 2025 BETWEEN: SRI ABHISHEK @ ABHI S/O. CHOWDANAYAKA AGED ABOUT 22 YEARS RESIDING AT HOSARAMANAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK MYSURU-571 105. (THE PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR MS. MELANIE SEBASTIAN, ADVOCATE) AND: STATE OF KARNATAKA BY SRIRANGAPATNA TOWN POLICE STATION SRIRANGAPATNA REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA SITTING AT SRIRANGAPATNA IN S.C.NO.5023 OF 2024 ORDER DATED 19.07.2025 CRIME NO.206 OF 2023 OF SRIRANGAPATNA TOWN POLICE STATION, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 148, 114, 120-B, 302 R/W SECTION 149 OF IPC PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATANA). Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24684 CRL.P No. 6884 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.4 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 District for the offence punishable under Sections 143, 148, 114, 120B, 302 read with Section 149 of IPC is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.206/2023 was registered by Srirangapatna Police Station, Mandya District, against the petitioner herein for the offences punishable under Section 143, 148, 114, 302 and 149 of IPC, on the basis of the first information dated 02.10.2023 received from - 3 - HC-KAR NC: 2025:KHC:24684 CRL.P No. 6884 of 2025 Pramoda, who is the brother of deceased Vinoda @ Kunta Vinu. 4. During the course of investigation of the case, petitioner herein was arrested on 06.10.2023 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against twelve persons and petitioner has been arrayed as accused No.4 in the charge sheet. Bail application filed by the petitioner before the Trial Court in S.C.No.5023/2024 was rejected on 19.07.2024. Thereafter, petitioner is before this Court. 5. Learned Senior Counsel for the petitioner submits that accused Nos.5, 8, 10 and 12 have been enlarged on regular bail. Petitioner has no other criminal antecedents and his name is not found in the FIR and he has not been identified in the present case in the manner known to law. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:24684 CRL.P No. 6884 of 2025 6. Per contra, learned High Court Government Pleader has opposed the petition. She submits that C.W.1, 2 and 4 are the eye witnesses to the incident in question. C.W.1 has identified the petitioner in the police station. There is sufficient material to connect the petitioner to the crime. Accordingly, she prays to dismiss the petition. 7. Perusal of the material on record would go to show that, first information was submitted by C.W.1, who is the brother of deceased Vinoda @ Kunta Vinu. C.W.1 is the alleged eye witness to the incident in question. FIR was registered in the present case against 14 named persons and others. Petitioner’s name is not found in the FIR. It appears that petitioner who was arrested in the present case was subsequently identified in the police station by C.W.1. Undisputedly, no test identification parade has been conducted in the present case. C.W.2 to 4 had arrived at the spot after hearing the shouting of C.W.1. They have not made any specific allegations as - 5 - HC-KAR NC: 2025:KHC:24684 CRL.P No. 6884 of 2025 against the petitioner in the present case. Petitioner aged about 22 years, having no criminal antecedents, is in custody for more than one year nine month. Accused No.5 who is said to be one of the assailant as per the charge sheet, has been granted regular bail by this Court in Crl.P.No.6384/2025. As per the charge sheet allegations, accused Nos.1 to 6 and 9 are the assailants. Accused Nos.8, 10 and 12 who had conspired with other accused persons also have been granted regular bail in the present case. 8. The trial in the present case has not yet commenced. Prosecution has in all cited 45 charge sheet witnesses in the present case and therefore, the chances of the trial being completed and the case being disposed off on merits in the near future is very remote. Considering the aforesaid aspects of the matter, I am of the view that that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- - 6 - HC-KAR NC: 2025:KHC:24684 CRL.P No. 6884 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail 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 District, for the offence punishable under Sections 143, 148, 114, 120B, 302 read with Section 149 of IPC, subject to the following conditions: a) The 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; - 7 - HC-KAR NC: 2025:KHC:24684 CRL.P No. 6884 of 2025 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KAV List No.: 1 Sl No.: 59