- 1 - NC: 2025:KHC:2974 CRL.P No. 184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 184 OF 2025 BETWEEN: STEFEN RAJ ALIAS NAYI SHEKAR S/O ANBALAGAN AGED 23 YEARS, R/AT NO.143, INDIRAGNADHI SLUM, 9TH A CROSS, EJIPURA, VIVEKANAGARA, BENGALURU - 560 047. …PETITIONER (BY SRI. CHANDAN .K., ADVOCATE) AND: STATE OF KARNATAKA BY VIVEKNAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR. AMBEDKAR, VEEDHI BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CR.NO.1/2024, FOR THE OFFENCES P/U/S 109, 34, 307, 120(B) OF IPC, ON THE FILE OF XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU (CCH-20). THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:2974 CRL.P No. 184 of 2025 ORAL ORDER The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.1/2024 of Viveknagar Police Station, pending in S.C.No.796/2024, on the file of the learned XXVI Additional City Civil & Sessions Judge, Mayo Hall, Bengaluru (CCH-20), registered for the offences punishable under Sections 109, 34, 307, 120B of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Prathiban alias Vicky. 2. Heard Sri. Chandan K, learned counsel for the petitioner and Smt. Rashmi Patel, learned High Court 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: - 3 - NC: 2025:KHC:2974 CRL.P No. 184 of 2025 R E A S O N S 4. The petitioner being accused No.2 is seeking grant of bail. He was apprehended on 07.01.2024 and since then, he is in judicial custody. 5. The statement of the injured was recorded by the police on 04.01.2024 at 4.30 pm wherein, he has named accused Nos. 1 to 3 and referred another person as assailants. It is stated that accused No. 4 was having motive to cause the death of the injured. After investigation, the charge sheet came to be filed against accused Nos.1 to 4 stating that, accused No.4 was having motive to cause the death of the injured and he is absconding. Accused Nos. 1 to 3 with an intention to cause death assaulted the injured with chopper, machete and knife on his head and caused the grievous injuries. As per the wound certificate, he had sustained as many as 5 injuries. 6. The petitioner had approached this Court along with accused Nos. 1 to 2 by filing Crl.P.No.5510/2024 and the same came to be rejected on merits vide order dated 08.07.2024. 7. Now it is the contention of the learned counsel for the petitioner that, the statement of the injured was recorded - 4 - NC: 2025:KHC:2974 CRL.P No. 184 of 2025 immediately after the so-called incident, where he referred to the name of accused No.2 as Shekhar alias Nayi Shekar. But while filing the charge sheet, the name of the petitioner is stated as Stephen alias Nayi Shekhar. No explanation is found in the charge sheet for changing the name from Shekhar to Stephen. Learned counsel also contended that no test identification parade was conducted by the Investigating Officer to confirm identification of the accused. The charge sheet material discloses that the victim identified the present petitioner by seeing his photograph. I do not find any reasonable ground for not conducting test identification parade when the informant specifically states that the assailants were wearing helmet while committing the offence. In view of the above, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution. 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. - 5 - NC: 2025:KHC:2974 CRL.P No. 184 of 2025 The petitioner is ordered to be enlarged on bail in Crime No1/2024 of Viveknagar Police Station, pending in S.C.No.796/2024, on the file of the learned XXVI Additional City Civil & Sessions Judge, Mayo Hall, Bengaluru (CCH-20), 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. 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 - 6 - NC: 2025:KHC:2974 CRL.P No. 184 of 2025 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 SPV List No.: 2 Sl No.: 7