- 1 - NC: 2025:KHC:39 CRL.P No. 13634 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 13634 OF 2024 BETWEEN: KISHAN S/O PRAKASH, AGED ABOUT 25 YEARS, NO. 7/66/1, 1ST CROSS, NEAR K.B. TEMPLE, GOPALAPUR, RAJAJINAGAR, BENGALURU 560 010 PRESENTLY IN CENTRAL PRISON …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: THE STATE BY MAGADI ROAD POLICE STATION, BENGALURU 560 023, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001. …RESPONDENT (BY SMT. K.P. YASHODHA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE BAIL PETITION ENLARGING THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:39 CRL.P No. 13634 of 2024 CR.NO.222/2023 DATED 28.07.2023 REGISTERED BY MAGADI ROAD P.S., PENDING IN SC.NO.1833/2023, ON THE FILE OF CCH-70 LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE CITY CIVIL AND SESSION JUDGE, BENGALURU, FOR THE OFFENCES P/U/S 302,201,120(B),35,34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner-accused No.3 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.222/2023 of Magadi Road Police Station, pending in S.C.No.1833/2023 on the file of the learned LXIX Additional City Civil and Sessions Judge, Bengaluru, (CCH- 70) registered for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Suresh Bandari. 2. Heard Sri.Saravana S., learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court - 3 - NC: 2025:KHC:39 CRL.P No. 13634 of 2024 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 petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The allegations made against the petitioner is of serious nature. Petitioner - accused No.3, was apprehended on 03.07.2023 and since then, he is in judicial custody. It is alleged that accused No.1 is the son of CW-9 and he was having close association with the deceased. He was having motive to cause his death. It is stated that accused Nos.2 and 3 are the friends of accused No.1 who conspired together and stabbed the deceased - 4 - NC: 2025:KHC:39 CRL.P No. 13634 of 2024 with knife, as a result of which, he died. As per PM report, the deceased sustained as many as 31 injuries and the cause of death was due to stab injuries sustained. 5. As per the charge sheet, the incriminating materials such as blood stained knife used in the commission of offence was recovered at the instance of accused No.1. There is no recovery at the instance of present petitioner. There are no eye witnesses to the incident. However, the prosecution is relying on circumstantial evidence. Learned counsel for the petitioner has placed on record the order dated 07.06.2024 passed in Crl.P.No.3691/2024 where under, accused No.2 against whom similar allegations are made was granted bail. The petitioner is not having any criminal antecedents Admittedly, the investigation is completed and the charge sheet is also filed. Therefore, detention of the petitioner in custody would amount to infringement to his right to life and liberty and also denial of benefit of parity. Hence, I am of the opinion that the petitioner is - 5 - NC: 2025:KHC:39 CRL.P No. 13634 of 2024 entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution. 6. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No222/2023 of Magadi Road Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. - 6 - NC: 2025:KHC:39 CRL.P No. 13634 of 2024 If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (M G UMA) JUDGE MH/- List No.: 3 Sl No.: 13