- 1 - HC-KAR NC: 2025:KHC:24889 CRL.P No. 14133 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14133 OF 2024 BETWEEN: GANESH @ GANI S/O KAMALAKSHA AGED ABOUT 25 YEARS, R/AT NO. 73, 3RD CROSS KOTHANURU MAIN ROAD, J.P. NAGAR, 8TH PHASE, BENGALURU. …PETITIONER (BY SRI. RAJAKUMAR H.K, ADVOCATE) AND: THE STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, CITY CIVIL COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.177/2020 (NOW IN S.C.NO.166/2021) FOR THE ALLEGED OFFENCE P/US/ 143, 147, 148, 323, 324, 302, 120-B R/W SEC.149 OF IPC AND 251(B)(b) ARMS ACT, KONANAKUNTE POLICE, PENDING ON THE FILE OF LXI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-62) AT BENGALURU IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24889 CRL.P No. 14133 of 2024 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.166/2021 pending before the LXI Additional City Civil and Sessions Judge (CCH-62) Bengaluru, arising out of Crime No.177/2020 registered for the offences punishable under Sections 143, 147, 148, 323, 324, 302, 120(B) read with Section 149 of IPC and Section 25.1(B)(b) of the Arms Act, 1959, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent. 3. Learned counsel for the petitioner submits that all other accused persons except the petitioner have been enlarged on bail in the present case. The petitioner is in custody from 24.08.2020 onwards and he has no criminal antecedents. Accordingly, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent does not dispute the submission of the learned counsel for the petitioner. - 3 - HC-KAR NC: 2025:KHC:24889 CRL.P No. 14133 of 2024 5. The FIR in the present case was registered against the petitioner and others based on the first information dated 23.08.2020 received from Ramu.S., brother of the deceased- Pradeep. During the course of investigation, the petitioner herein was arrested on 24.08.2020. After completion of investigation, charge sheet has been filed against ten persons and the petitioner has been arrayed as accused No.1. His bail application filed before the trial Court in Crl.Misc.No.10426/2024 was rejected on 26.11.2024. Therefore, he is before this Court. 6. Perusal of the material on record would go to show that deceased-Pradeep used to meet CW.9-Kumari Jeensi Jali near church road, Kothanur Dinne. Accused No.1 and his friends used to assemble near the church and they used to smoke and play in the said spot. This was opposed by the deceased-Pradeep. Therefore, there was enmity between accused No.1 and the deceased-Pradeep. It is alleged that in this background, accused No.1 conspired with accused Nos.2 to 10 and in furtherance of the said conspiracy, on 23.08.2020, accused persons picked up quarrel with the deceased and - 4 - HC-KAR NC: 2025:KHC:24889 CRL.P No. 14133 of 2024 assaulted him with deadly weapons and committed his murder. Allegation against accused No.1 is that he assaulted the deceased with talawar on his head and face; accused No.2 had assaulted with a dagger on his face and hands; accused No.3 is alleged to have taken the talawar from the hands of accused No.1 and assaulted on the deceased on the back of his head and back of his body and accused Nos.4 and 5 dropped a size stone on him. Thereafter, accused Nos.6 to 10 had kicked him and committed the murder. It is not in dispute that except the present petitioner, all other accused have been enlarged on bail in the present case. The petitioner has no criminal antecedents and he is in custody from 24.08.2020. Under these circumstances, I am of the opinion that prayer for grant of regular bail needs to be answered in affirmative on the ground of parity. 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.177/2020 of Konanakunte Police Station, Bengaluru, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 302, - 5 - HC-KAR NC: 2025:KHC:24889 CRL.P No. 14133 of 2024 120(B) read with Section 149 of IPC and Section 25.1(B)(b) of the Arms Act, 1959, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 SMJ List No.: 1 Sl No.: 30