- 1 - HC-KAR NC: 2025:KHC:24474 CRL.P No. 8073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8073 OF 2025 BETWEEN: SRI MURALI NAYAK, AGED ABOUT 24 YEARS, S/O. GANDHI, RESIDING AT NO.443, PAPPAIAH REDDY BUILDING, 1ST CROSS, NEAR SHILPA ENTERPRISES, MARATHAHALLI, BENGALURU-37. …PETITIONER (BY SRI BENIGN J.L. PRASAD, ADVOCATE) AND: STATE OF KARNATAKA THROUGH HALASURU POLICE STATION, REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., H.C.G.P) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.75 OF 2022 REGISTERED BY HALASURU POLICE, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 120(b) R/W 34 OF IPC, Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24474 CRL.P No. 8073 of 2025 REGISTERED ON 13-4-2022, WHICH IS PRESENTLY PENDING TRIAL BEFORE THE COURT OF XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-29) IN SC.NO.1421 OF 2022. THIS CRIMINAL 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.2 in S.C.No.1421/2022 pending before the Court of XXVIII Additional City Civil and Sessions Judge, Mayohall (CCH-29), Bengaluru arising out of Crime No.75/2022 registered by Halasuru Police Station, Bengaluru, for offences punishable under Sections 120B, 302 read with Section 34 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.75/2022 was registered by Halasuru Police Station, Bengaluru, initially for offence punishable under Section 302 of IPC against unknown persons - 3 - HC-KAR NC: 2025:KHC:24474 CRL.P No. 8073 of 2025 based on the first information dated 13.04.2022 received from Shreyas S/o Chandrashekhar. 4. During the course of investigation of the case, petitioner herein was arrested on 14.04.2022 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against five persons. The petitioner herein is arrayed as accused No.2 in the charge sheet. Bail application filed by the petitioner in Crl.Misc.No.25237/2025 before the Jurisdictional Sessions Court was rejected on 02.05.2025. Therefore, he had earlier approached this Court in Crl.P.No.5816/2023, which was dismissed on 04.01.2024. Under these circumstances, the petitioner is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 5. Learned counsel for the petitioner submits that allegations against accused Nos.2 to 5 are similar in the charge sheet, accused Nos.4 and 5 have been granted regular bail by this Court in Crl.P.4833/2025 and accused No.3 has been granted regular bail in Crl.P.No.7042/2025. Accordingly, the petitioner prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:24474 CRL.P No. 8073 of 2025 6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 7. FIR in the present case was registered against unknown persons. During the course of investigation, five persons were arrested and after completing investigation, charge sheet has been filed against them for the aforesaid offence. In the charge sheet, it is alleged that accused No.1 was working with the deceased - Jude Theddaus and he had conspired with accused Nos. 2 to 5 to commit the murder of Jude Theddaus and rob his house. In furtherance of the aforesaid conspiracy, on the alleged date of incident, accused Nos. 2 to 5 had entered into the house of deceased and had committed his murder and thereafter had escaped from the spot along with sum of Rs.4,000/- and also a mobile phone of the deceased. Entire case of prosecution is based on circumstantial evidence. CWs.3 and 4 are the charge sheet witnesses, who had allegedly seen the accused persons leaving the spot of crime on the alleged date of incident. Learned counsel for the petitioner submits that the said witnesses have - 5 - HC-KAR NC: 2025:KHC:24474 CRL.P No. 8073 of 2025 been examined as PWs.3 and 4 and they have turned hostile to the case of prosecution. Accused Nos.3 to 5 as against whom similar allegations are there in the charge sheet, have been granted regular bail in Crl.P.No.4833/2025 and Crl.P.No.7042/2025 respectively. Undisputedly, petitioner does not have criminal antecedents. He is in custody for the last more than three years. Allegation against the petitioner and the accused, who have been granted bail are similar. Under such circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.75/2022 registered by Halasur Police Station, Bengaluru, for offences punishable under Sections 120B, 302 read with Section 34 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) each with two sureties each (of which, atleast - 6 - HC-KAR NC: 2025:KHC:24474 CRL.P No. 8073 of 2025 one shall be local surety) 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 their 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 them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE PSJ List No.: 1 Sl No.: 82