- 1 - NC: 2025:KHC:5212 CRL.P No. 12730 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12730 OF 2024 BETWEEN: KARTHIK S/O LATE AMUL AGED ABOUT 30 YEARS, R/AT NO.06, NOVA STREET, ‘C’ NO. 4TH STREET, NALA ROAD CROSS, SHIVAJINAGAR ROAD, SHIVAJINAGAR, BENGALURU – 560 001 …PETITIONER (BY SRI. NARAYANA SWAMY M., ADVOCATE) AND: STATE BY PULAKESHINAGAR P.S., BANGALORE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY MS. ASMA KAUSER , ADDL. SPP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE/GRANT THE PETITIONER ON REGULAR BAIL IN CR.NO.198/2022, S.C.NO.584/2023 FOR THE OFFENCE P/U/S 397, 302 OF IPC OF PULAKESHINAGAR P.S., PENDING ON THE FILE OF THE COURT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5212 CRL.P No. 12730 of 2024 OF XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.2 has preferred this petition seeking to enlarge him on bail in SC.No.584/2023, pending on the file of XXVI Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru. 2. Heard the learned counsel for petitioner, learned Addl. SPP for respondent-State and perused the material on record. 3. The case of prosecution in brief is that, on 14.06.2022 at about 5.30 a.m., near Mygondadeva Mudaliar Road, Bengaluru, when deceased Bikash Mudi was proceeding by walk, accused persons in order to commit robbery and murder chased him and stabbed with a knife and after committing murder, robbed his mobile phone and purse containing cash. - 3 - NC: 2025:KHC:5212 CRL.P No. 12730 of 2024 4. A suo moto complaint was lodged by the ASI of Pulakeshinagar Police Station, who received the information at about 7.30 am., on 14.06.2022. Case was registered against unknown persons for the offence punishable under Section 302 of IPC. 5. The identity of the deceased was made known from the identity card found in his pocket. Accused Nos.1 and 2 were arrested on 17.09.2022. Blood stained jerkin, pant, knife and purse containing cash of Rs.50/- as well as mobile phone of the deceased were recovered from the accused. Charge sheet is filed for offences punishable under Sections 397 and 302 of IPC. 6. Learned counsel for the petitioner has contended that the FIR was registered against unknown persons. Subsequently, accused persons are falsely implicated in the case. The recovery is affected from both accused Nos.1 and 2 and therefore, recovery cannot be believed. Further, statement of the alleged eye witnesses - 4 - NC: 2025:KHC:5212 CRL.P No. 12730 of 2024 are recorded belatedly, which shows that they are planted witnesses. 7. It is further contended that even according to the prosecution, it was accused No.1 who stabbed the deceased and therefore, no motive can be attributed against the petitioner. The learned counsel submitted that the petitioner is in judicial custody since 18.06.2022 and therefore, by imposing any condition, he may be enlarged on bail. 8. Learned Addl. SPP has contended that this is a case of robbery and murder, wherein both the accused chased the deceased and stabbed him with a knife and also hit him with stone and committed his murder and then robbed his purse containing cash as well as mobile phone. There is recovery of incriminating materials like jerkin, pant, mobile phone etc., from the petitioner. She further contended that the eye witnesses have identified both the accused. She contended that the incident is captured in CCTV camera and both the accused have been - 5 - NC: 2025:KHC:5212 CRL.P No. 12730 of 2024 identified by the eye witnesses. She contended that in view of the nature and gravity of the offence, petitioner is not entitled for bail. 9. Initially, case was registered against unknown persons. During investigation on the basis of CC TV footage, involvement of two persons came to be revealed. After the arrest of accused Nos.1 and 2, blood stained knife, cloth and purse containing cash as well as mobile phone of the deceased were recovered at their instance. As per post mortem report, death is due to shock and haemorrhage consequent to stab injuries sustained. Injuries are on the vital part of body like chest and abdomen. C.Ws.14 to 16 are the eye witnesses. Their statements are recorded under Sections 161 and 164 of Cr.P.C. Delay in recording the statement is not a ground, to disbelieve the case of prosecution. Eye witnesses have identified the accused persons. The petitioner has been identified by the eye witnesses in the test identification parade. Hence, there is a prima facie case against him. - 6 - NC: 2025:KHC:5212 CRL.P No. 12730 of 2024 10. Considering that this is a murder committed for gain and in view of prima facie materials against the petitioner, he is not entitled for bail. Petition is accordingly dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE PB List No.: 1 Sl No.: 13