- 1 - HC-KAR NC: 2025:KHC:36825 CRL.P No. 10860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10860 OF 2025 BETWEEN: KIRAN @ MANOJ KIRAN S/O. JAGANNATH, AGED ABOUT 33 YEARS, R/AT NO. 14, 3RD CROSS, CHAITHANYA SCHOOL NEAR IN FRONT OF GANGAMMA TEMPLE, POOJAPPA LAYOUT, CHELLIKERE, KALAYANAGAR POST, BENGALURU- 560043. …PETITIONER (BY SRI. RAMESHA M.,ADVOCATE) AND: 1. STATE OF KARNATAKA SHO, HENNUR PS, BENGALURU REPTD.BY HIGH COURT GOVT.PLEADER, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT JAYASHREE W/O SHIVANNA AGED ABOUT 56 YEARS, R/AT NO.126, GROUND FLOOR, OM SHAKTHI NILAYA, NEAR CHAITHANYA TECHNO SCHOOL, GNR GARDEN, POOJAPPA LAYOUT, CHELLIKERE, BENGALURU 560 043 …RESPONDENTS (BY SRI. R. RANGASWAMY., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36825 CRL.P No. 10860 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CC.NO.62355/2025 ARISING OUT OF CR.NO.191/2025 REGISTERED BY HENNUR P.S., BENGALURU, FOR THE OFFENCES P/U/S 115(2),137(2),308(2),351(2),70(1),238 R/W 3(5) OF BNS ACT, 2023, PENDING ON THE FILE OF HONBLE 11th ACJM, MAYO HALL, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is arraigned as accused No.2 in Crime No.191/2025 of Hennur Police Station, Bengaluru city, registered for the offence punishable under Section 115(2), 137(2), 308(2), 70(1), 351(2) read with Section 3(5) of the BNS, 2023. 2. Petitioner was arrested on 09.05.2025. He is in judicial custody. His bail petition has been rejected by the learned Sessions Judge in Crl.Misc.No.4236/2025 vide order dated 10.07.2025. It is observed that the victim's statement under Section 183 of the BNSS, 2023 is not yet recorded and investigation is still under progress. - 3 - HC-KAR NC: 2025:KHC:36825 CRL.P No. 10860 of 2025 3. Learned High Court Government Pleader has submitted that now the statement of the victim has been recorded under Section 183 of the BNSS, 2023 and the charge sheet has been filed against accused No.1 to 3. 4. Learned counsel for the petitioner has sought permission of the Court to file a fresh petition before the Sessions Court after completion of investigation and recording the statement of the victim under Section 183 of the BNSS. With that liberty, he has sought to withdraw the petition. 5. In light of the above submission, petition is dismissed as withdrawn reserving liberty to the petitioner to file a fresh bail application before the Sessions Court. If any such petition is filed, the same shall be considered and disposed of expeditiously, in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.:1 Sl No.: 35