- 1 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13711 OF 2024 BETWEEN: 1. RAHIL S/O.SYEDASAD ULLA AGED ABOUT 22 YEARS R/AT NO.2, MORE MARKET SQUARE ANNASWAMI SCHOOL, FRAZER TOWN, BENGALURU- 560005. …PETITIONER (BY SRI.NARAYANA SWAMY M., ADVOCATE) AND: 1. STATE BY PULAKESHINAGARA.P.S BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE- 560001. …RESPONDENT (BY SRI.VINAY MAHADEWAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE / GRANT THE PETITIONER ON BAIL IN CR.NO.211/2024 FOR OFFENCE P/U/S 143, 144, 147, 148, 302 R/W 149 OF IPC, OF PULAKESHINAGAR POLICE STATION PENDING ON THE IFLE OF THE X ACMM BANGALORE ON SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT TO THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.6 in Crime No.211/2024 registered by the Pulakeshinagar Police Station, Bengaluru for the offence punishable under Sections 143, 144, 147, 148, 302 read with 149 of IPC is before this Court under Section 483 of BNSS Act, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.211/2024 was registered by Pulakeshinagar Police Station, Bengaluru for the aforesaid offences against eight unknown persons based on the first information report dated 29.06.2024 received from Sri.Umesh.E., ASI, of Pulakeshinagar police Station, Bengaluru. During the course of investigation, petitioner herein was arrested on 17.08.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet is now filed against eight persons and the petitioner is arrayed as accused No.6 in the charge sheet. - 3 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 4. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.25981/2024 was rejected on 27.11.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner is a youngster having no criminal antecedents. He is in custody for the last more than six months. He has not been identified in the present case in the manner known to law. The only allegation against him is that he had caught hold of the deceased so as to enable the other accused persons to assault him. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader submits that the petitioner was member of the unlawful assembly and therefore, he is liable to be punished for the charge sheeted offences. Accordingly, he prays for dismissal of the petition. - 4 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 7. The first information report in the present case was registered against unknown eight persons and during the course of investigation, the petitioner herein was arrested on 17.08.2024. After completing the investigation, charge sheet has been now filed against eight persons. In the charge sheet, it is alleged that the deceased Vignesh @ Appu along with his friends had assaulted accused No.1 and accused No.5 with deadly weapons on 17.05.2024 and therefore, FIR in Crime No.155/2024 was registered by Pulakeshinagar Police Station, Bengaluru against him and other accused for the offences punishable under Sections 341, 307 read with 34 of IPC. On 29.06.2024, when accused Nos.1 and 5 were near the house of accused No.1, deceased Vignesh who came in a two wheeler allegedly stared at them. This was informed by accused No.1 to accused No.2 who thereafter summoned accused Nos.3 and 4 and they allegedly conspired to commit the murder of Vignesh @ Appu. Accused Nos.1 to 4 thereafter met accused No.7 who in turn summoned accused Nos.5, 6 and 8 and all the - 5 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 accused after conspiring to commit the murder of Vignesh allegedly armed themselves with deadly weapons and after getting information that Vignesh was present near the railway track behind Shri Krishna Apartments, within the jurisdiction of Pulakeshinagar Police Station, went to the said spot at about 06.30 p.m., on 29.06.2024. 8. Accused No.6 allegedly caught hold of Vignesh @ appu and CW-14 and CW-18 after seeing the same, allegedly ran away from the spot. Accused Nos.4 and 7 thereafter assaulted Vignesh with their hands and accused Nos.1 and 5 also caught hold of Vignesh along with accused No.6. Accused No.4 allegedly assaulted Vignesh with a Dragger multiple times and thereafter accused No.2 assaulted Vignesh with the very same Dragger. Accused Nos.1, 3 and 8 who came to the said spot allegedly pushed Vignesh to the ground and thereafter the said accused persons assaulted him with a stone on his head and committed his murder. - 6 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 9. The petitioner aged about 22 years having no criminal antecedents is in the custody for the last more than six months. The only allegation against the petitioner is that he had caught hold of deceased who tried to escape after seeing the accused persons arrive at the spot of crime. CW-14 and CW-18 who are alleged eye witnesses have stated that the person who had caught hold of deceased was a stranger and they did not know him. After the petitioner was arrested, CW-14 and CW-18 were summoned to the Police Station and petitioner was identified by CW-14 and CW-18 in the Police Station after the police had shown the accused to the said witnesses stating that he was the person who was involved in the crime in question. 10. Considering the aforesaid aspects of the matter, I am of the view that, without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be answered affirmatively. - 7 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 11. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.211/2024 registered by the Pulakeshinagar Police Station, Bengaluru for the offences punishable under Section 143, 144, 147, 148, 302 read with 149 of IPC, subject to the following conditions: a) 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; - 8 - NC: 2025:KHC:9136 CRL.P No. 13711 of 2024 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 NC List No.: 1 Sl No.: 53