- 1 - HC-KAR NC: 2025:KHC:41475 CRL.P No. 13861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13861 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. DAVID @ DEVID S/O LATE FRANSIS@ LATE FRANCIS AGED ABOUT 36 YEARS, R/AT.NO.104, JANATHA COLONY, HALE GUDDADAHALLI, BANGALORE CITY - 560 026. …PETITIONER (BY SRI. NARAYANASWAMY K N.,ADVOCATE) AND: THE STATE OF KARNATAKA BY J.J. NAGAR POLICE STATION REP.BY. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF BNSS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41475 CRL.P No. 13861 of 2025 2023, IN CC.NO.33840/2025 ARISING OUT OF CR.NO.99/2025 OF J.J.NAGARA P.S., FOR THE OFFENCES P/U/S 103,61(2),189(2),191(2),191(3),190 OF BNS, 2023, PENDING ON THE FILE OF XLVI ACJM, AT BANGALORE CITY. 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 the petitioner -accused No.7 under Section 483 of BNSS praying to grant bail in C.C.No.33840/2025 arising out of Crime No.99/2025 of J.J Nagara Police Station registered for offences punishable under Sections 103, 61(2), 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 pending on the file of XLVI Additional Chief Judicial Magistrate, Bengaluru. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that there are no overtacts alleged against this petitioner assaulting the deceased. The allegation against - 3 - HC-KAR NC: 2025:KHC:41475 CRL.P No. 13861 of 2025 this petitioner is that he kept watch of movement of the deceased and intimated movement of deceased to other accused. The deceased was a rowdy sheeter. The petitioner has no criminal antecedents. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prays to allow the petition and grant bail to the petitioner. 4. Per contra learned High Court Government Pleader for the respondent –State would contend that offences alleged against the petitioner are heinous offences punishable with death or imprisonment for life. The petitioner is one of the members of unlawful assembly and all accused conspired to kill the deceased. This petitioner in furtherance of the said conspiracy, kept watch of movement of the deceased and intimated movement of the deceased to accused Nos. 1 to 5 and assisted them in attacking the deceased. There are 23 injuries found on the dead body of the deceased as per post –mortem report. If the petitioner is granted bail, there are chances of him - 4 - HC-KAR NC: 2025:KHC:41475 CRL.P No. 13861 of 2025 repeating the similar offence. With this, he prays for dismissal of the petition. 5. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. On perusal of Cl.No.17 of the charge sheet, accused Nos.1 to 7 and juvenile accused conspired to kill the deceased. In furtherance of the said conspiracy, the petitioner has intimated the movement of deceased to accused Nos. 1 to 5 who attacked the deceased and caused injury, due to which deceased died. The further allegation against this petitioner is that he along with accused No.6 and juvenile accused made hand signal to kill the deceased. There is no overtact alleged against the petitioner of assaulting the deceased. The said overtact is alleged against accused Nos.1 to 5. There are no criminal antecedents. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. - 5 - HC-KAR NC: 2025:KHC:41475 CRL.P No. 13861 of 2025 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in C.C.No.33840/2025 pending on the file of XLVI Additional Chief Judicial Magistrate, Bengaluru arising out of Crime No.99/2025 of J.J Nagara Police Station subject to following conditions; a. The petitioner –accused No.7 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 Trial Court. b. The petitioner –accused No.7 shall not tamper the prosecution witnesses either directly or indirectly; c. The petitioner –accused No.7 shall appear before the trial court on all the dates of hearing unless exempted and co-operate for speedy disposal of the case registered against him. - 6 - HC-KAR NC: 2025:KHC:41475 CRL.P No. 13861 of 2025 d. The petitioner –accused No.7 shall mark his attendance in jurisdictional police station on 4th Sunday of every month till disposal of the case registered against him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 10