- 1 - HC-KAR NC: 2025:KHC:27630 CRL.P No. 8404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8404 OF 2025 BETWEEN: PRAVEEN. P S/O PARMESHA AGED ABOUT 26 YEARS, RESIDING AT 12th CROSS NEAR ANJENEYA TEMPLE, KARANGI KATTE SHANTHI NAGARA KOLAR 563 101 …PETITIONER (BY SRI. N PADMAVATHI.,ADVOCATE) AND: STATE BY NANDAGUDI POLICE STATION HOSAKOTE 560060 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE 560001 …RESPONDENT (BY SMT. WAHEEDA MM. HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE PETITIONER ON BAIL IN SC NO.55/2025 ON THE LIFE OF LEARNED VI ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BANGALORE WHICH AROSE OUT OF CRIME NO.148/2024 REGISTERED BY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27630 CRL.P No. 8404 of 2025 NANDAGUDI POLICE STATION FOR THE OFFENCES P/U/S 103, 189(2), 191(2), 191(3), 61(2) R/W 190 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused No.1 in S.C. No.55/2025 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Cr.No.148/2024 registered by Nandagudi Police Station, Bengaluru for the offences punishable under Sections 103, 189(2), 190, 191(2), 191(3), 61(2) of BNS, 2023 is before this Court in this bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent. 3. The First Information Report was registered by the Nandagudi Police Station, Bengaluru Rural District for the aforesaid offences against unknown persons on the basis of the first information dated 13.07.2024 received from Shashank - 3 - HC-KAR NC: 2025:KHC:27630 CRL.P No. 8404 of 2025 who is the brother of the deceased - Bhargav. During the course of investigation of the case, the petitioner was arrested on 15.07.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet was filed against five persons and the petitioner is arraigned as accused No.1. His bail application filed before the Trial Court in Crl.Misc.No.2786/2024, was rejected on 16.01.2025. Therefore, he is before this Court. 4. The learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the incident in question had taken place at about 11:30 p.m. on 12.07.2024. C.Ws.2 to 4 who are the alleged eye witnesses have not mentioned about the features of the accused who had assaulted the deceased - Bhargav. Test identification parade was conducted in the present case after a delay of about 04 months from the date of arrest of the accused. No explanation has been offered for the inordinate delay. The petitioner who has no criminal antecedents, is in custody for the last more than 01 year and all other accused have been enlarged on bail in the present case. Accordingly, prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:27630 CRL.P No. 8404 of 2025 5. Per contra, learned High Court Government Pleader opposes the bail application and submits that CWs.2 to 4 who are the eye witnesses to the incident in question have identified the petitioner during the test identification parade and therefore, his bail application has to be rejected. 6. From the perusal of material on record, it appears that accused Nos.1 and 2 had ill-will against the deceased - Bhargav and his brother - Shashank and therefore, they had decided to eliminate Bhargav. Accordingly, accused had conspired together and on 12.07.2024 accused Nos.1 to 5 allegedly had followed the deceased - Bhargav in a car. The car in which the deceased - Bhargav was driving had met with an accident and Bhargav had got down from his car and was standing by the roadside near his car, at that time, the accused who came to the said place in a car allegedly got down from the said car and thereafter assaulted Bhargav with deadly weapons and committed his murder. 7. CWs.2 to 4 are alleged to be the eye witness to the incident in question. C.W.2 has stated that the car which was driven by Bhargav had dashed against their car and they all got - 5 - HC-KAR NC: 2025:KHC:27630 CRL.P No. 8404 of 2025 down from the car and were standing by the roadside and at that time, the accused persons who came in a car assaulted Bhargav with deadly weapons and committed his murder. The incident in question had taken place at about 11:30 p.m. on the intervening night of 12.07.2024 and 13.07.2024. CWs.2 to 4 have stated that they had seen the assailants through the help of headlight of other vehicles which were moving on the road. However, the features of the assailants who had assaulted the deceased - Bhargav has not been stated by any of the eye witnesses. 8. The material on record would go to show that as on the date of filing of charge sheet, the prosecution had not conducted any test identification parade in the present case. The petitioner arraigned as accused No.1 in the present case was arrested on 15.07.2024. The test identification parade was conducted on 12.11.2024 which is after a period of nearly 04 months from the date of his arrest, but no explanation is offered by the prosecution for the inordinate delay in conducting the test identification parade. Accused Nos.2 to 4 have already been granted regular bail in the present case. The petitioner who has no criminal antecedents, is in custody for - 6 - HC-KAR NC: 2025:KHC:27630 CRL.P No. 8404 of 2025 the last more than one year and the trial in the case is yet to commence. The prosecution has in all cited 38 charge sheet witnesses in the present case. Under the circumstances, I am of the opinion that the prayer of the petitioner for grant of bail is to be answered in the affirmative. 9. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.55/2025 pending before the VI Additional District and Sessions Judge, Bengaluru, arising out of Crime No.148/2024 registered by Nandagudi police station, Bengaluru, for the offences punishable under Sections 103, 189(2), 190, 191(2), 191(3), 61(2) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless - 7 - HC-KAR NC: 2025:KHC:27630 CRL.P No. 8404 of 2025 the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE HJ List No.: 1 Sl No.: 54