- 1 - HC-KAR NC: 2025:KHC:49890 CRL.P No. 14509 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14509 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SOMASHEKAR @ SOMASHEKHARA @ SOMA AGED ABOUT 30 YEARS S/O MUNIRAJU RESIDING AT No. 65 NEAR GOVERNMENT SCHOOL 3RD CROSS, KUMBENA AGRAHARA BELATHURU, KADUGODI BENGALURU-560 067. …PETITIONER (BY SRI. PRABHAKARA T C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KADUGODI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.No.15579/2025 (AIRISNG OUT OF CR.No.288/2025) OF KADUGODI POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 103(1),109,61(2) R/W SECTION 190 OF BNS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49890 CRL.P No. 14509 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.8 under Section 483 of BNSS praying to grant bail in Crime No.288/2025 of Kadugodi Police Station registered for offences under Sections 103(1), 109, 61(2) read with 190 of BNS, pending in C.C.No.15579/2025 on the file of Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that there is no serious overt act alleged against this petitioner assaulting the deceased. The overt act alleged against this petitioner is assaulting the deceased with hands. There is no overt act alleged against this petitioner assaulting injured - CW2. The petitioner is in judicial custody since 15.06.2025 and as the charge sheet is filed he is not - 3 - HC-KAR NC: 2025:KHC:49890 CRL.P No. 14509 of 2025 required for custodial interrogation. There is delay in recording the statement of CW2 - injured and other eyewitnesses to the incident. With this he prays to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner was present on the spot with other accused. The petitioner has conspired with the other accused to kill the deceased. The charge sheet materials show prima-facie case against the petitioner for the offence alleged against him. With this she prayed to reject the petition. 5. Having heard the learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. On the complaint of one Smt. Kala, a case had been registered in Crime No.288/2025 of Kadugodi Police Station against Accused No.1/Srikant and others for offences under Section 103(1), 109 read with 3(5) of BNS. After investigation, charge sheet has been filed against - 4 - HC-KAR NC: 2025:KHC:49890 CRL.P No. 14509 of 2025 accused Nos.1 to 8 for the offence under Sections 103(1), 109, 61(2) read with 190 of BNS. On perusal of column 17 of the charge sheet, the petitioner is stated to have conspired with the other accused to kill the deceased and cause injury to CW2. The overt act alleged against this petitioner is assaulting the deceased with hands. There is no serious overt act alleged against this petitioner assaulting the deceased and CW2-injured with any weapon. The petitioner is in judicial custody since 15.06.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is granted bail in Crime No.288/2025 of Kadugodi Police Station, subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:49890 CRL.P No. 14509 of 2025 (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000(Rupees one lakh only) with one surety for the like-sum to the satisfaction of the trial Court. (ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. (iv) The petitioner shall not involve in commission of any offence. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of the bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 59 Ct.sm