- 1 - NC: 2025:KHC:4970 CRL.P No. 144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 144 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: NAGARAJA K S @ AUTO NAGA @ LUGGERE NAGA S/O SHIVARAJA, AGED ABOUT 33 YEARS, R/AT 8TH CROSS, MAHADESHWARA NAGAR, SUNKADAKATTE, BANGALORE-560094 (NOW IN JUDICIAL CUSTODY, CENTRAL PRISON TUMKUR) …PETITIONER (BY SRI. HASHMATH PASHA, SR. COUNSEL FOR SRI. KARIAPPA N A., ADVOCATE) AND: STATE OF KARNATAKA BY HULIYURDURGA POLICE STATION, TUMAKURU DISTRICT-577201 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER HIS ENLARGEMENT ON BAIL IN RELATION TO THE CASE IN CR.NO.279/2023 (NOW NUMBERED AS C.C.NO.531/2024) REGISTERED AT HULIYURDURGA POLICE STATION, TUMAKURU, FOR OFFENCES P/U/SS.143, 147, 148, 120B, 341, 302, 201, 109, 212 R/W SEC. 149 OF IPC, PRESENTLY PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE (SR.DN.) AND CJM COURT, KUNIGAL, TUMKURU DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4970 CRL.P No. 144 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned Senior counsel appearing for the petitioner, learned Additional SPP for the State and perused the material on record. 2. This petition is preferred by accused No.8 (as per charge sheet) praying to enlarge him on bail in Crime No.279/23 of Huliyurdurga Police Station, Tumkur District. 3. FIR is registered on a complaint lodged by Venkataramu @ Ooty, against 7 named accused, for the offence punishable under Sections 143, 147, 148, 120B, 114, 302 r/w.149 of IPC. 4. Chargesheet is filed against accused Nos.1 to 21 for offences punishable under Sections 143, 147, 148, 120B , 341, 302, 201, 109, 212 r/w.149 IPC. - 3 - NC: 2025:KHC:4970 CRL.P No. 144 of 2025 5. Petitioner is not named as an accused in the FIR. While filing charge sheet, he has been arraigned as accused No.8. He is arrested on 6.1.2024 and in judicial custody since then. 6. In brief, case of the prosecution is that, on account of previous ill-will between deceased Suresha and accused No.1, the said accused conspired with the other accused persons, including the child in conflict with law to commit his murder and in furtherance of the conspiracy hatched by them, on 30.12.2023 at about 7.15 p.m., near Kamlapura Gate, Kunigal Madduru Main Road, Huliyurudurga Town, Kunigal Taluk, Tumakuru, they formed an unlawful assembly armed with deadly weapons and assaulted him and committed his murder. 7. Learned Additional SPP has filed statement of objections. She has vehemently contended that the offence committed by the petitioner is heinous in nature. Deceased has sustained 13 injuries. Cause of death is due to chop injuries sustained. After the arrest of the - 4 - NC: 2025:KHC:4970 CRL.P No. 144 of 2025 petitioner, two cars used for the commission of the offence have been seized. Further, he has destroyed the evidence by throwing the mobile phone in the river. 8. Learned Additional SPP has further contended that CWs.2 and 3 are the eye witnesses to the incident. In their further statement, they have identified the photographs of the accused, including the petitioner herein as the one who committed the offence along with other accused persons. She, therefore, contended that there is a prima facie case against the petitioner and he is not entitled for bail. 9. Name of the petitioner is not in the first information report. While filing charge sheet, he is arraigned as accused No.8. According to prosecution, CWs.2 and 3 are the eye witnesses. Perused the statements of CWs.2 and 3 recorded on 31.12.2023. They have stated that accused had covered their face with 'Topi' (mask). In the further statement recorded on 15.7.2024, - 5 - NC: 2025:KHC:4970 CRL.P No. 144 of 2025 they have stated, they have identified some of the accused viz., accused Nos.1, 3, 6, 8, 9, 11 and 13. 10. It is contended by the learned Senior Counsel that when it is specifically stated by the witnesses that, they could not identify the accused persons, as they had covered their face with masks, their subsequent statements cannot be believed. He further contended that the accused were not shown to the witnesses for identification and there is no test identification parade conducted and the alleged identification by the witnesses, seeing the photographs of the accused, is not admissible in evidence. He has drawn the attention of the Court to the statements of CWs 2 and 3 recorded by the learned Magistrate. In the said statements, the petitioner has not been named by the eye witnesses; whereas, the witnesses have stated that some 4 to 5 persons, wearing mask, attacked the deceased. 11. As per charge sheet, accused Nos.3, 5, 6, 8, 9, 10, 11, 12 and 13 have assaulted the deceased with - 6 - NC: 2025:KHC:4970 CRL.P No. 144 of 2025 dangerous weapons. Learned counsel for the petitioner has enclosed a copy of the bail order passed in respect of accused nos.1, 2, 4, 14, 15, 16, 17, 18, 19, 20 and 21. The accused similarly placed as petitioner/accused No.8 are enlarged on bail. Petitioner has undertaken to furnish adequate surety. 12. In view of the above facts and circumstances, petitioner has made out sufficient grounds to enlarge him on bail. Hence, the following : ORDER i) Petition is allowed. ii) Petitioner/accused No.8 in Crime No.279/2023 of Huliyurdurga police station, Tumakuru District, is ordered to be released on bail subject to following conditions : 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:4970 CRL.P No. 144 of 2025 2. He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in address; 3. He shall not directly or indirectly tamper with the prosecution witnesses; 4. He shall not indulge himself in committing any offence; 5. He shall appear before the trial Court regularly on every date of hearing. In case of violation of any of the above conditions, the prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 32