- 1 - NC: 2025:KHC:14354 CRL.P No. 12845 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12845 OF 2024 BETWEEN: SHIVA S, S/O J. SURESHA, AGED ABOUT 29 YEARS, R/AT NO. 208, 3RD A CROSS 2ND C MAIN, OMBR LAYOUT, BANGALORE - 560 043. …PETITIONER (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: STATE OF KARNATAKA, BANASWADI POLICE STATION, REPRESNTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THIS PETITIONER WHO IS ACCUSED NO.2 IN C.C.NO.58683/2024 (ARISING OUT OF CRIME NO.205/2024 REGISTERED BY THE RESPONDENT POLICE PERTAINING TO BANASWADI POLICE AND PRESENTLY COMMITTED IN THE COURT OF THE *IV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.MISC.NO.25926/2024 FOR THE OFFENCE P/S/ 302, 307 R/W SEC.34 OF IPC. *Corrected vide Court Order Dt:05.06.2025. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14354 CRL.P No. 12845 of 2024 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 No.2 in S.C.No.1346/2024 pending before the Court of *IV Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.205/2024 registered Banaswadi Police Station, Bengaluru City, for offences punishable under Sections 302, 307 read with Section 34 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.205/2024 was registered by Banaswadi Police Station, Bengaluru initially for the offence punishable under Section 307 of IPC against unknown persons based on the first information dated 21.03.2024 received from Siddappa S/o Mallappa who had found an injured stranger lying unconscious on the roadside. *Corrected vide Court Order Dt:05.06.2025. - 3 - NC: 2025:KHC:14354 CRL.P No. 12845 of 2024 4. During the course of investigation of the case, Petitioner herein was arrested on 25.03.2024 and subsequently remanded to judicial custody. In the meanwhile, the injured G.Prabhu had succumbed to the injuries in the hospital. After completion of investigation, charge sheet has been filed against accused Nos.1 and 2 and another juvenile accused for the aforesaid offences. Petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.25926/2024 was rejected on 4th November, 2024. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons, after the first informant had found the injured lying unconscious on the roadside at about 6:30 a.m on 21.03.2024. Injured G.Prabhu had died in the hospital on 22.03.2024 at about 3:59 a.m. Petitioner herein was subsequently arrested on 25.03.2024. After completion of investigation, charge sheet has been filed - 4 - NC: 2025:KHC:14354 CRL.P No. 12845 of 2024 against accused Nos.1, 2 and another juvenile accused. Allegation in the charge sheet is that accused No.1 and deceased Prabhu were working as mechanics in the garage of C.W-13. It is alleged that Prabhu was in habit of committing theft of two-wheelers and with the help of accused Nos.1 and 2, he was selling the said two-wheelers and they used to thereafter share the sale proceeds. It appears that there was certain issues between them with regard to sharing of sale proceeds of two-wheelers of which theft was committed by them. On the intervening night of 20.03.2024 and 21.03.2024, accused Nos.1, 2 and juvenile accused after consuming alcohol in a bar and restaurant had met deceased Prabhu at about 1:00 a.m. and accused No.1 had asked him to paint his motorbike, which was refused by Prabhu. Therefore there was a fight between the accused and Prabhu. Accused persons allegedly took Prabhu along with them in a two-wheeler and thereafter, they assaulted him with their hands and when he fell down accused No.1 allegedly dropped a stone on his head and committed his murder. - 5 - NC: 2025:KHC:14354 CRL.P No. 12845 of 2024 6. From a reading of the charge sheet allegations, it is very clear that the entire case of the prosecution is based on circumstantial evidence. Investigation of the case is completed and charge sheet has been filed. Petitioner who has no other criminal antecedents is in custody for more than one year. Trial in the case is yet to commence. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1346/2024 pending before the Court of *IV Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.205/2024 registered Banaswadi Police Station, Bengaluru City, for offences punishable under Sections 302, 307 read with Section 34 of IPC, subject to the following conditions: *Corrected vide Court Order Dt:05.06.2025. - 6 - NC: 2025:KHC:14354 CRL.P No. 12845 of 2024 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties 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 his 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 35 CT: BHK