- 1 - HC-KAR NC: 2025:KHC:19738 CRL.P No. 7513 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7513 OF 2025 BETWEEN: SRI PRABAGARAN R S/O RAVI AGED ABOUT 24 YEARS R/A NO.47 PERIYAVURU VILLAGE MANGANURUPATTI POST UTHANGARAL TALUK KRISHNAGIRI - 635 307. …PETITIONER (BY MS. ANN MARY TOMY, ADV., SRI NITIN A.M, ADV.) AND: STATE BY KARNATAKA MALUR POLICE STATION STATE PUBLIC PROSECUTOR HIGH COURT KARNATAKA BENGALURU - 563 137. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITION ON BAIL IN CRIME NO.0088/2022 FOR THE OFFENCES P/U/S 103(1), 109, 118(1), 189(2), 190, 191(3) OF BHARATIYA NYAYA SANHITHE 2023 (MALUR POLICE STATION. ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19738 CRL.P No. 7513 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 1. Accused No.10 in Crime No.88/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 109, 118(1), 189(2), 190 and 191(3) of BNS, 2023, 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.88/2025 was registered by Malur Police Station, Kolar, for the aforesaid offences against Annayappa and others based on the first information dated 20.03.2025 received from Earappa S/o late Munirajappa, who is one of the injured victim in the present case. During the course of investigation, petitioner herein was arrested on 20.03.2025 and has been arraigned as accused No.10 in the remand application. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.245/2025 was - 3 - HC-KAR NC: 2025:KHC:19738 CRL.P No. 7513 of 2025 rejected on 22.04.2025. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner submits that allegation against petitioner in the remand application is that he was one of the inmates of the car which was driven by accused Nos.2 and 5 on the alleged date of incident. Similarly placed other accused namely, accused Nos.3, 4, 6, 7, 8, 9, 11, 12 and 13 have been granted regular bail by this Court in Crl.P.No.5934/2025, Crl.P.No.7095/2025 C/w Crl.P.No.7191/2025 and Crl.P.No.7137/2025. Petitioner has no other criminal antecedents. 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. A perusal of the material on record would go to show that there was a property dispute between the two parties and on 19.03.2025 at about 06.45 p.m. when the borewell lorry was on its way to the property of the first informant, accused No.1 - 4 - HC-KAR NC: 2025:KHC:19738 CRL.P No. 7513 of 2025 and his family members had allegedly stopped the said lorry for the reason that the said lorry had damaged the standing crop in the property of accused No.1. Thereafter, the borewell lorry was taken to the property of the first informant through a different road and the same was parked. The first informant and others had slept near the borewell lorry. At about 01.00 a.m. on the intervening night of 19.03.2025 and 20.03.2025, accused persons named in the FIR allegedly came in three cars and drove the said cars on the first informant and others, who were sleeping near the borewell lorry and in the said incident, one person has died and three others have suffered grievous injuries. Undisputedly, petitioner's name is not found in the FIR. There is no allegation against the petitioner that he was the person who was driving the offending cars. Similarly placed other accused persons have been enlarged on bail by this Court in Crl.P.No.5934/2025, Crl.P.No.7095/2025 C/w Crl.P.No.7191/2025 and Crl.P.No.7137/2025. Major portion of the investigation in the case is completed. It is not in dispute that the petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the - 5 - HC-KAR NC: 2025:KHC:19738 CRL.P No. 7513 of 2025 petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.88/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 109, 118(1), 189(2), 190 and 191(3) of BNS, 2023, 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; - 6 - HC-KAR NC: 2025:KHC:19738 CRL.P No. 7513 of 2025 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