- 1 - HC-KAR NC: 2025:KHC:31175 CRL.P No. 10284 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10284 OF 2025 BETWEEN: HARISHA KUMAR K S/O KUMARESH C, AGED ABOUT 23 YEARS, R/AT NO.36, 5TH CROSS, MUNIKALAPPA GARDEN, R.S. PALYA, KAMMANAHALLI, BENGALURU CITY - 560 043 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. RAMESHA H.N., ADVOCATE) AND: STATE OF KARNATAKA BY BANASWADI P.S., REPRESENTED BY SRI. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.205/2024 REGISTERED BY THE BANASWADI POLICE FOR THE ALLEGED OFFENCES P/U/S 302, 307, 34 OF IPC ON THE FILE OF THE HONBLE IV ADDL. CITY CIVIL AND Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31175 CRL.P No. 10284 of 2025 SESSIONS JUDGE, AT BANGALORE (CCH-21) IN S.C.NO.1346/2024. THE XXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU HAS DISMISSED THE BAIL PETITION ON 04.11.2024. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and the learned HCGP for respondent - State. Perused the materials on record. 2. The petitioner is before this Court seeking to enlarge him on bail in Crime No.205/2024 of Banaswadi Police Station, which was registered against unknown person, initially for an offence punishable under Section 307 of IPC, on the first information lodged by one Siddappa S/o Mallappa. 3. The incident is alleged to have taken place in the early hours of 21.03.2024. It is alleged that accused Nos.1 and 2 and the Child-in-Conflict with Law ('CCL', for short) have committed the murder of one G.Prabhu @ Baka by assaulting him with - 3 - HC-KAR NC: 2025:KHC:31175 CRL.P No. 10284 of 2025 hands, kicking him etc and also dropping a size stone on his head. 4. On noticing the injured lying near Maruthi ground, BDA quarters, 'A' Block, Janakirama Layout, the first informant Siddappa, lodged the complaint with the police, on the basis of which, aforementioned case was registered against unknown person. The injured died in the hospital on 22.03.2024 at about 3.59 a.m. Thereafter, Section 302 of IPC was incorporated. 5. Accused Nos.1 and 2 came to be arrested on 25.03.2024. On completion of investigation, the charge sheet was filed for the offence punishable under Sections 302 and 307 read with Section 34 of IPC. The petitioner is arraigned as accused No.1 in the charge sheet. 6. It is the case of prosecution that deceased - G.Prabhu @ Baka and accused No.1 were working as mechanics in the garage of CW.13. The deceased was in the habit of committing theft of two wheelers and with the help of accused Nos.1 and 2, he was selling them and all the three were sharing the sale proceeds. With regard to sharing of sale proceeds, there was - 4 - HC-KAR NC: 2025:KHC:31175 CRL.P No. 10284 of 2025 some difference between the accused and the deceased. On the night intervening 20/21.03.2024, accused Nos.1 and 2 and the CCL, after consuming alcohol in a bar, met the deceased at about 1.00 a.m. When accused No.1 asked him to paint his motorbike, he refused. A fight took place between them. Accused persons allegedly took the deceased along with them in a two wheeler and assaulted him with hands and when he fell down, accused No.1 dropped the size stone on his head and accused No.2 also took the same size stone, dropped on him and committed the murder. As per Post Mortem report, cause of death was due to coma as a result of head injury sustained. 7. The entire case is based on the circumstantial evidence. The prosecution is relying on the recovery of bloodstained clothes at the instance of the petitioner and the two wheeler recovered from accused Nos.1 and 2. 8. According to the prosecution, both accused Nos.1 and 2 dropped a size stone on the deceased, due to which, he sustained grievous head injury and died. However, there are no eyewitnesses to the incident. The prosecution has to establish the case against the petitioner in a full-fledged trial. - 5 - HC-KAR NC: 2025:KHC:31175 CRL.P No. 10284 of 2025 Learned counsel for the petitioner has produced a copy of bail order in respect of accused No.2 passed in Crl.P.No.12845/2024 dated 04.04.2025. The Co-ordinate Bench of this Court, considering that the entire case of the prosecution is based on circumstantial evidence, and the investigation is completed and the charge sheet is filed and also considering that the petitioner therein is in custody for more than one year, allowed the said petition. 9. The petitioner was arrested on 25.03.2024. He is in custody nearly one year five months. He has no criminal antecedents. The investigation is completed and the charge sheet is filed. Considering that similarly placed accused No.2 has been enlarged on bail, the relief sought by the petitioner can be granted by imposing suitable conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.1, in SC.No.1346/2024 on the file of Court of IV Additional City Civil and Sessions Judge, Mayohall, Bengaluru (CCH-21) (Crime No.205/2024 of - 6 - HC-KAR NC: 2025:KHC:31175 CRL.P No. 10284 of 2025 Banaswadi Police Station), shall be released on bail subject to following conditions: a) Petitioner shall execute a personal bond in 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) He shall not directly or indirectly threaten or tamper with the prosecution witnesses; c) He shall not involve in criminal activities; d) He shall not leave the jurisdiction of the Trial Court without prior permission of the said Court until the case registered against him is disposed off. e) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; Violation of any of the condition, shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS