Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24745 CRL.P No. 7912 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. 7912 OF 2025 BETWEEN:
MANUKUMARA B A, S/O ANANDA, AGED ABOUT 26 YEARS, RA/T BEGUR VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL DIST. …PETITIONER (BY SRI. NATARAJ G., ADVOCATE) AND:
THE STATE OF KARNATAKA, BY MADANAYAKANAHALLI POLICE STATION, BENGALURU RURAL DIST, BENGALURU.
REPTED 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 ENLARGE THE BEING PETITIONER ON BAIL FOR THE O/P/U/S 189(2), 191(2), 193(3), 140(1), 103(1), 238, 190 OF BNSS PENDING ON THE FILE OF IX ADDL. DIST.
AND SESSIONS JUDGE, AT BENGALURU RURAL DISTRICT, BENGALURU. Digitally signed by KAVYA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:24745 CRL.P No. 7912 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.7 in S.C.No.71/2025 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.1007/2024 was registered by Madanayakanahally Police Station, Bengaluru District, for offences punishable under Sections 189(2), 191(2), 193(3), 140(1), 103(1), 238, 190 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.1007/2024 was registered by Madanayakanahally Police Station, Bengaluru District initially for offences punishable under Sections 103(1), 238 of BNSS, 2023 against Mahammad Esan and others, based on the first information dated 29.11.2024 received
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HC-KAR NC: 2025:KHC:24745 CRL.P No. 7912 of 2025 from Suresha Yadav who is cousin brother of Akhilesha Kumar Yadav.
4. During the course of investigation of the case, petitioner herein who was arraigned as accused No.7 in the FIR was arrested on 31.10.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against seven persons and petitioner is arraigned as accused No.7 in the charge sheet. Bail application filed by the petitioner before the trial Court in S.C.No.71/2025 was rejected on
21.05.2025. Therefore, petitioner is before this Court.
5.
Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last nearly eight months. Accused No.4 has been granted regular bail by this court in Crl.P.No.7972/2025. The entire case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow this petition.
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HC-KAR NC: 2025:KHC:24745 CRL.P No. 7912 of 2025
6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the
learned counsel for the petitioner.
7. Perusal of the material on record would go to show that after the dead body of deceased Akhilesha Kumar Yadav was traced, initially UDR case in UDR.No.40/2024 was registered. During the course of investigation of the case, the first informant who is cousin brother of deceased Akhilesha Kumar Yadav suspected foul play in the death of Akhilesha Kumar Yadav and thereafter, he had approached the police and based on his first information FIR was registered against Mahammad Esan and others.
8. Petitioner is arraigned as accused No.7 in the FIR registered by Madanayakanahally Police Station, Bengaluru District for the aforesaid offences. The entire case of the prosecution is based on circumstantial evidence. Investigation of the case is completed and
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HC-KAR NC: 2025:KHC:24745 CRL.P No. 7912 of 2025 charge sheet has been filed. The prosecution has, in all cited 67 charge sheet witnesses in the present case, and case before the trial Court is still at the stage of hearing before charge. Undisputedly, petitioner has no criminal antecedents. Accused No.4 has been granted regular bail by this Court in Crl.P.No.7972/2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.71/2025 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.1007/2024 was registered by Madanayakanahally Police Station, Bengaluru District, for offences punishable under Sections 189(2), 191(2), 193(3), 140(1), 103(1), 238, 190 of BNS, 2023, subject to the following conditions:
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HC-KAR NC: 2025:KHC:24745 CRL.P No. 7912 of 2025 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; 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 KVR List No.: 1 Sl No.: 20