- 1 - HC-KAR NC: 2025:KHC:21561 CRL.P No. 7108 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7108 OF 2025 BETWEEN: SRI ANNAIAH S/O NAGARAJU GUJJAL AGED 35 YEARS R/AT BELAGODI VILLAGE HOSPETE TALUK VIJAYANAGARA DISTRICT PINCODE - 583 201. …PETITIONER (BY SRI VEERESHA E, ADV.) AND: THE STATE OF KARNATAKA BY HAROHALLI POLICE KANAKAPURA TALUK - 562 112, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.5018/2025 IN CR.NO.353/2022 REGISTERED BY THE RESPONDENT POLICE i.e., HAROHALLI POLICE, FOR THE OFFENCES P/U/S 120(B),302,201 R/W 149 OF IPC, PENDING ON THE FILE OF THE 2nd ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANGARA, SIT AT KANAKAPURA, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21561 CRL.P No. 7108 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 in SC No.5018/2025 pending before the Court of II Addl. District and Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.353/2022 registered by Harohalli Police Station, Ramangara, for the offences punishable under Sections 120B, 302, 201 read with Section 149 of IPC, 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.353/2022 was registered by Harohalli Police Station, Ramangara, based on the first information received from Dasappa alias Thammayyanna, father of deceased Kiran Gowda, after Kiran Gowda was found missing. During the course of investigation of the said case, accused were arrested and after completing investigation, charge sheet has been filed against five persons. Petitioner is arraigned as accused No.4 in the charge sheet. Since the petitioner was absconding, a split-up case was registered against him and the case against other accused was committed to jurisdictional Sessions Court and numbered as SC No.5017/2023. In split-up - 3 - HC-KAR NC: 2025:KHC:21561 CRL.P No. 7108 of 2025 case, petitioner's presence was secured by the Committal Court on 22.01.2025 and on the said day, he was remanded to judicial custody and subsequently, petitioner's case was committed to the jurisdictional Sessions Court and is now pending before the jurisdictional Sessions Court in SC No.5018/2025. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.5120/2025 was rejected on 22.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the entire case of the prosecution is based on circumstantial evidence. Accused Nos.1 and 2 as against whom similar allegations are found in the charge sheet have been enlarged on bail by the Co-ordinate Bench of this Court in Crl.P.No.7098/2024 and Crl.P.No.1094/2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 6. The material on record would go to show that deceased Kiran Gowda and accused No.1 were close friends. It appears that subsequently, accused No.1 developed illicit relationship - 4 - HC-KAR NC: 2025:KHC:21561 CRL.P No. 7108 of 2025 with accused No.5, who is the wife of deceased Kiran Gowda. After Kiran Gowda came to know about the same, he had opposed the said relationship between accused Nos.1 and 5 and therefore, accused No.1 conspired with accused Nos.2 to 4 to commit the murder of Kiran Gowda. In furtherance of such conspiracy, accused Nos.1 to 4 took Kiran Gowda along with them and committed his murder inside the car in which they were traveling by strangulating his neck with the help of mobile charger wire. Later the body was disposed of in a forest area after burning the same. The entire case of the prosecution is based on circumstantial evidence. Accused Nos.1 and 2 as against whom similar allegations are found in the charge sheet have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.7098/2024 and Crl.P.No.1094/2024 disposed of on 27.09.2024 and 22.06.2024 respectively. Under the circumstance, on the ground of parity the prayer made by the petitioner needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5018/2025 pending before the Court - 5 - HC-KAR NC: 2025:KHC:21561 CRL.P No. 7108 of 2025 of II Addl. District and Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.353/2022 registered by Harohalli Police Station, Ramangara, for the offences punishable under Sections 120B, 302, 201 read with Section 149 of IPC, 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; 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