- 1 - NC: 2025:KHC:7830 CRL.P No. 11807 of 2024 C/W CRL.P No. 11960 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 11807 OF 2024 C/W CRIMINAL PETITION NO. 11960 OF 2024 IN CRL.P NO. 11807/2024 BETWEEN: MADAN T.P. S/O RAJU, AGED ABOUT 20 YEARS, R/AT. NO.277, 8TH CROSS, RAVINDRANAGAR, GUTTE, T. DASARAHALLI, BENGALURU - 560 057 (ACCUSED CNO.7) (NOW IN JC) …PETITIONER (BY SRI. G.K. BHAT, SR. ADVOCATE FOR SMT. SUMA HIREBIDARI, ADVOCATE) AND: STATE OF KARNATAKA RMC YARD POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.218/2023 AND SC.NO.389/2024, FOR THE OFFENCE P/U/S 143, 395, 396 AND Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7830 CRL.P No. 11807 of 2024 C/W CRL.P No. 11960 of 2024 149 OF IPC, REGISTERED BY THE RMC YARD P.S., PENDING ON THE LXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. IN CRL.P NO. 11960/2024 BETWEEN: JEEVAN S/O SABASTIAN, AGED 19 YEARS, R/AT: 6TH CROSS, BEHIND ROCK LINE STUDIO, NAGASANDRA POST, BENGALURU - 560 070 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. G.K. BHAT, SR. ADVOCATE FOR SMT. SUMA HIREBIDARI, ADVOCATE) AND: STATE BY RMC YARD POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.218/2023 AND SC.NO.389/2024, FOR THE OFFENCE P/U/S 143, 395, 396 AND 149 OF IPC, REGISTERED BY THE RMC YARD P.S., PENDING ON THE LXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 3 - NC: 2025:KHC:7830 CRL.P No. 11807 of 2024 C/W CRL.P No. 11960 of 2024 COMMON ORAL ORDER The petitioner-accused No.6 in Crl.P.No.11906/2024 and the petitioner-accused No.7 in Crl.P.No.11807/2024 are before this Court, seeking grant of bail under Section 439 of Cr.P.C. in Crime No.218/2023, of R.M.C.Yard Police Station, pending in S.C.No.389/2024, on the file of the learned LXV Additional City Civil and Sessions Judge, Bengaluru, registered for the offences punishable under Sections, 143, 395, 396 and 149 of the Indian Penal Code, 1860 (for short 'IPC'), on the basis of the first information lodged by the informant - Kalak Bahaddur. 2. Heard Sri. G.K.Bhat, learned senior advocate for Smt. Suma Hirebidari, learned counsel for the petitioners and Smt. Rashmi Patel, learned High Court Government Pleader for the respondent -State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioners are entitled for grant of bail under Section 439 of Cr.P.C.?” - 4 - NC: 2025:KHC:7830 CRL.P No. 11807 of 2024 C/W CRL.P No. 11960 of 2024 My answer to the above point is in ‘Negative’ for the following: R E A S O N S 4. The petitioners being accused Nos.6 and 7 are seeking grant of bail. They were apprehended on 13.11.2023 & 28.11.2023 respectively and since then, they are in judicial custody. Initially, FIR came to be filed by one of the victims against 5 to 6 unknown persons. During investigation, the petitioners and other accused were apprehended. The charge sheet came to be filed against accused Nos.1 to 9 and one juvenile offender against whom the proceedings are being held before the Juvenile Justice Board. As per the charge sheet, these petitioners were the members of unlawful assembly, and with a common intention, assaulted the deceased and the informant with a club, snatched the mobile phones and committed robbery. 5. The contention of the learned counsel for the petitioners that, even as per the statements of witnesses including the further statement of the informant, there is no allegation that the petitioners have inflicted any fatal injuries, - 5 - NC: 2025:KHC:7830 CRL.P No. 11807 of 2024 C/W CRL.P No. 11960 of 2024 cannot be accepted for the simple reason that all the accused formed themselves into an unlawful assembly, with a common object to commit the offence, which resulted in death of one of the person. There are strong prima facie materials against the petitioners for being part of the unlawful assembly and committing the offence. 6. It is brought to the notice of the Court that CW-1 being the injured eye-witness is being examined before the Trial Court as PW-1. If in the meantime, the petitioners are to be enlarged on bail, that will have serious effect on the evidence to be deposed not only by PW1 but also by the material witnesses. Hence, I am of the opinion that the petitioners are not entitled for grant of bail at this stage. 7. Accordingly, I answer the above point in the negative and proceed to pass the following: ORDER The petition is dismissed. - 6 - NC: 2025:KHC:7830 CRL.P No. 11807 of 2024 C/W CRL.P No. 11960 of 2024 Liberty is reserved with the petitioners to renew their prayer for grant of bail before the Trial Court after examination of the material witnesses. SD/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 6