- 1 - HC-KAR NC: 2025:KHC:25938 CRL.P No. 8935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8935 OF 2025 BETWEEN: 1. RAHUL KUMAR S/O VINOD MISTRI AGED ABOUT 21 YEARS R/A GUMMI, NEAR SIPARA PATNA GPO AND DISTRICT BIHAR - 800 001. 2. SWAMY VIVEKANANDA S/O AJAY KUMAR SHARMA AGED ABOUT 22 YEARS WARD NO.9, SANASAPURA MAPASIL TANA, KHAGARIA BIHAR - 951 214 PRESENTLY RESIDING IN BENGALURU AT NO.1070 2ND MAIN ROAD, 2ND CROSS ROAD, NAGARABHAVI 1ST STAGE, MANASANAGARA BENGALURU - 560 072. …PETITIONERS (BY SRI HARISH PRABHU S, ADV.) AND: STATE OF KARNATAKA BY CHANDRA LAYOUT P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25938 CRL.P No. 8935 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO PASS AN ORDER, ENLARGING THE PETITIONER ON BAIL IN CC.NO.17564/2025 ARISING OUT OF CR.NO.101/2025 REGISTERED BY CHANDRA LAYOUT P.S., BENGALURU, FOR THE OFFENCES P/U/S 109 R/W 3(5) OF BNS, PENDING BEFORE THE HONBLE 46th ACMM COURT, NURPATUNGA ROAD, AT BENGALURU CITY. 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 Nos.1 and 2 in CC No.17564/2025 pending before the Court of 46th Addl. CMM Court, Bengaluru, arising out of Crime No.101/2025 registered by Chandra Layout Police Station, Bengaluru, for the offences punishable under Sections 109 and 3(5) of BNS, 2023, are before this Court under the Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.101/2025 was registered by Chandra Layout Police Station, Bengaluru, for the aforesaid offences against unknown persons based on the first information dated 02.03.2025 received from Ashok Kumar S/o late Bhagavanthappa, who is the victim in the present case. During the course of investigation, petitioners herein were arrested on - 3 - HC-KAR NC: 2025:KHC:25938 CRL.P No. 8935 of 2025 03.03.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.4769/2025 was rejected on 19.06.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons. During the course of investigation, petitioners herein who are aged about 21 and 22 years respectively were arrested on 03.03.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been field against the petitioners for the aforesaid offences. Perusal of the charge sheet material would go to show that on the alleged date of incident, initially accused and the victim had fought against each other on some petty issue and had exchanged blows. In the said incident, accused No.1 was also injured. Thereafter, accused No.2 came to the spot and subsequently, accused Nos.1 and 2 together assaulted the injured victim Ashok Kumar, who was a total stranger to them. In the alleged - 4 - HC-KAR NC: 2025:KHC:25938 CRL.P No. 8935 of 2025 incident, Ashok Kumar, who had sustained grievous injuries was shifted to Hospital by the police and thereafter, he was treated in Victoria Hospital, Bengaluru. Ashok Kumar, who was admitted in the Hospital has been discharged from the Hospital and his condition is said to be stable. 5. It appears that incident in question had taken place on the intervening night of 01.03.2025 and 02.03.2025 after the parties had consumed alcohol. Undisputedly, petitioners herein do not have any criminal antecedents. Investigation in the case is completed and charge sheet has been filed. The victim was a total stranger to the petitioners and petitioners did not have any motive against him. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:- 6. The petition is allowed. The petitioners are directed to be enlarged on bail in CC No.17564/2025 pending before the Court of 46th Addl. CMM Court, Bengaluru, arising out of Crime No.101/2025 registered by Chandra Layout Police Station, - 5 - HC-KAR NC: 2025:KHC:25938 CRL.P No. 8935 of 2025 Bengaluru, for the offences punishable under Sections 109 and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court; b) The petitioners 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 petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners 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 DN