- 1 - HC-KAR NC: 2025:KHC:23928 CRL.P No. 7997 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. 7997 OF 2025 BETWEEN: SOMARAJU D.P @ DEDLI SOMA @ SOMA @ SOMA S/O PUTTEGOWDA AGED ABOUT 32 YEARS R/O. DODDA ELECHAGERE VILLAGE HALAGURU HOBALI, MALAVALLI TALUK MANDYA DISTRICT - 571 421. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SMT. RAKSHA KEERTHANA K, ADV., FOR SRI KEMPARAJU, ADV.) AND: STATE OF KARNATAKA BY HALAGURU POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) CRL.P FILED U/S 439 CR.PC (U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON REGULAR BAIL IN SC.NO.116/2024 (CRIME NO.130/2024) OF THE RESPONDENT POLICE, FOR THE ALLEGED OFFENCES P/U/S 61(2), 103, 109, 118(2) R/W 3(5) OF BNS PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE MANDYA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23928 CRL.P No. 7997 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.5 in SC No.116/2024 pending before the Court of II Addl. District and Sessions Judge, Mandya District, arising out of Crime No.130/2024 registered by Halagur Police Station, Mandya, for the offences punishable under Sections 61(2), 103, 109, 118(2) and 3(5) 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.130/2024 was registered by Halagur Police Station, Mandya, initially for the offences punishable under Sections 103 and 109 of BNS, 2023, against Seven Sanju based on the first information dated 31.07.2024 received from Siddaraju S/o Siddegowda, brother of deceased Kantharaju. During the course of investigation of the case, petitioner herein was arrested on 09.08.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons. Petitioner is arraigned as accused No.5 in the charge sheet. His bail application filed - 3 - HC-KAR NC: 2025:KHC:23928 CRL.P No. 7997 of 2025 before the jurisdictional Sessions Court in SC No.116/2024 was rejected on 30.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is no allegation against the petitioner about assaulting the deceased Kantharaju or about assaulting the injured Vinod Kumar (CW2). Accused Nos.1, 3 and 4 have been already enlarged on bail in the present case. In the earlier criminal cases registered against the petitioner, he is already on bail. Accused No.2, who is arrested in the case is in custody. Accordingly, she prays to allow the petitioner. 5. Per contra, learned HCGP has opposed the petition on the ground that petitioner is a person with criminal antecedents. She however does not dispute that there is no allegation against him about assaulting the deceased Kantharaju or injured Vinok Kumar (CW2). 6. Perusal of the material on record would go to show that accused No.1 Rashmi and CW2 were in love and subsequently, accused No.1 had filed a police complaint against CW2 in Crime No.41/2020 alleging that with an assurance of marrying her, he - 4 - HC-KAR NC: 2025:KHC:23928 CRL.P No. 7997 of 2025 had sexually abused her. It appears that she also had filed a separate criminal case against him in Crime No.45/2024 before Halaguru Police Station. Accused No.1, who had vengeance against CW2 Vinod Kumar had contacted accused No.3 and had given supari to him to commit the murder of CW2 and in furtherance of such conspiracy, accused No.3 allegedly had contacted his friends accused Nos.2, 4 and 5. 7. On the alleged date of incident, accused Nos.2 and 5 had met CW2 and his friend Kantharaju, who is the deceased in the present case. It is alleged that accused No.2 assaulted CW2 Vinod Kumar with a knife and Kantharaju who was along with Vinod Kumar tried to interfere and at that time, accused No.2 also assaulted Kantharaju and as a result Kantharaju died at the spot. It is under these circumstances, FIR was registered against accused No.2 Sanju @ Nagendra Prasad. CW2 - Vinod Kumar, who is the injured eye witnesses in the present case has not made any allegations against the petitioner about he either assaulting him or his friend Kantharaju, who is the deceased in the present. It is not in dispute that in the other criminal cases registered against the petitioner, he has been - 5 - HC-KAR NC: 2025:KHC:23928 CRL.P No. 7997 of 2025 enlarged on bail. Accused Nos.1, 3 and 4 have been already enlarged on bail in the present case. 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, subject to appropriate conditions. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.116/2024 pending before the Court of II Addl. District and Sessions Judge, Mandya District, arising out of Crime No.130/2024 registered by Halagur Police Station, Mandya, for the offences punishable under Sections 61(2), 103, 109, 118(2) and 3(5) 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; - 6 - HC-KAR NC: 2025:KHC:23928 CRL.P No. 7997 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 him is disposed off. f) The petitioner shall appear before the Station House Officer, Halagur Police Station, Mandya, on every second Sunday of the month between 10.00 a.m. and 01.00 p.m. and mark his attendance till the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE DN