- 1 - HC-KAR NC: 2025:KHC:24739 CRL.P No. 8097 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. 8097 OF 2025 BETWEEN: 1. SRI BHARATH KUMAR @ BABY S/O H.N. ARUNKUMAR AGED 27 YEARS HOUSE NO. 18, 11TH CROSS VIVEKANANDA ROAD, GANAPATHIPURA VTC. KONANKUNTE POST, BENGALURU SOUTH, BENGALURU - 560 062. 2. SRI AJITH KUMAR S/O. SELVAM AGED ABOUT 28 YEARS NO.567, VEERASANDRA ELECTRONIC CITY POST ANEKAL TALUK, BENGALURU - 560 100. …PETITIONERS (BY SRI DEVARAJA M, ADV.) AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER DEVARAJA POLICE STATION MYSURU, REPRESENTED BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON REGULAR BAIL IN SC.NO.1/2021 ARISING OUT OF CR.NO.78/2023 REGISTERED AT RESPONDENT POLICE IN DEVARAJA P.S., FOR THE OFFENCES P/U/S 120(B),201,302,364 R/W Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24739 CRL.P No. 8097 of 2025 149 OF IPC, PENDING CONSIDERATION ON THE FILE OF HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT MYSURU. 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 Nos.3 and 4 in S.C.No.1/2024 pending before the Court of Principal District and Sessions Judge, Mysuru arising out of Crime No.78/2023 registered by Devaraja Police Station, Mysuru District for the offences punishable under Sections 120B, 364, 302, 201 read with 149 of IPC are before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.78/2023 was registered by Devaraja Police Station, Mysuru City initially for the offence punishable Under Section 363 R/w 34 of IPC against ten unknown persons, on the basis of first - 3 - HC-KAR NC: 2025:KHC:24739 CRL.P No. 8097 of 2025 information dated 30.08.2023 received from Chandru S/o Javaraiah. During the course of investigation, the petitioners herein were arrested on 07.09.2023 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against eleven persons and the petitioners herein are arraigned as accused Nos.3 and 4 in the charge sheet. 4. The bail application filed by the petitioners before the jurisdiction Sessions Court was rejected and thereafter they had earlier approached this Court in Crl.P.No.4016/202, which was dismissed as withdrawn with liberty to the petitioners to approach this Court afresh, after examination of the eye witness is completed before the Trial Court. It is under this circumstance, the petitioners are before this Court in this successive bail application. 5. FIR in the present case was initially registered against ten unknown persons based on the first information received from one Sri Chandru S/o Javaraiah - 4 - HC-KAR NC: 2025:KHC:24739 CRL.P No. 8097 of 2025 alleging that CW.2 Pavan and deceased Naveen, were kidnapped by unknown persons. During the course of investigation, the petitioners were arrested on 07.09.2023 and after completing investigation charge sheet has been filed against eleven persons. 6. As per the charge sheet allegation, the deceased Naveen was an accused in the murder case of Vinod, who was a friend of accused No.1 Paramesh @ Kembathahalli Parami. Naveen, who was arrested in the said case was released on bail in the month of May-2023. Accused No.1 had conspired with other accused persons to commit the murder of Naveen, who allegedly had committed the murder of Vinod, who was the friend of accused No.1 Paramesh @ Kembathahalli Parami. In furtherance of such conspiracy, on 27.08.2023, accused persons who came in two vehicles bearing registration No.KA-33-M-2939 and KA-09-MH-5124 had kidnapped Naveen and CW.2 Pavan in the aforesaid two cars and - 5 - HC-KAR NC: 2025:KHC:24739 CRL.P No. 8097 of 2025 subsequently they had assaulted Naveen with deadly weapons and committed his murder. 7. CW.2 Pavan has been examined before the Trial Court as PW.5. The other material charge sheet witnesses also have been examined before the Trial Court and till date 9 witnesses have been examined as PW.1 to PW.9. According to learned counsel for the petitioners, charge sheet witnesses have not supported the case of the prosecution. 8. Accused No.5 as against whom similar allegations are found in the charge sheet has been granted regular bail by this Court in Crl.P.No.1180/2025. In the earlier criminal cases, which were registered against the petitioners they are said to have been released on bail. Insofar as the present case is concerned, they are in custody from 07.09.2023. Since the other accused as against whom similar allegations are found in the charge sheet have been already enlarged on bail, I am of the opinion that, the prayer made by the petitioners for grant - 6 - HC-KAR NC: 2025:KHC:24739 CRL.P No. 8097 of 2025 of regular bail needs to be answered affirmatively on the ground of parity. 9. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.1/2024 pending before the Court of Principal District & Sessions Judge, Mysuru arising out of Crime No.78/2023 registered by Devaraja Police Station, Mysuru City for the offences punishable under Sections 120B, 364, 302 & 201 R/w Section 149 of IPC, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court - 7 - HC-KAR NC: 2025:KHC:24739 CRL.P No. 8097 of 2025 unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS