- 1 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11037 OF 2025 C/W CRIMINAL PETITION NO.11344 OF 2025 IN CRL.P. NO.11037/2025: BETWEEN: 1. NANDAKUMAR L., S/O LAKSHAMANA RAV AGED ABOUT 20 YEARS R/AT BAILANJINEYA NAGARA TIGALARAPALYA BENGALURU DISTRICT KARNATAKA - 560 066. …PETITIONER (BY SRI. CHANDRAPPA K.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF CRPC Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 2023 IN S.C.NO.71/2025 OF MADANAYAKANAHALLI POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 193(3), 140(1), 103(1), 238, 190 OF BNS, PENDING ON THE FILE OF IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL. IN CRL.P. NO.11344/2025: BETWEEN: 1. MR. NAGESH H., AGED ABOUT 30 YEARS S/O HANUMANTHAPPA R/AT RANAGONDANAHALLI VILLAGE YELAHANKA NEW TOWN BENGALURU-560 066. ...PETITIONER (BY SRI. RAKESH KINI, ADVOCATE FOR SRI. N.S. SRIRAJ GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, SIDDEHALLI MAIN ROAD NELAMANGALA -562162 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. MR. SURESH YADAV S/O SUBHITH LAL YADAV AGED ABOUT 31 YEARS, R/AT KACHOHALLI, DASANAPURA, MAGADI MAIN ROAD, BENGALURU-560 009. ...RESPONDENTS (BY SRI.R. RANGASWAMY, HCGP FOR R1) - 3 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER, ENLARGING THE PETITIONER WHO HAS BEEN ARRAIGNED AS ACCUSED NO.5 ON BAIL IN S.C.NO.71/2025 (CR.NO.1007/2024) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 193(3), 140(1), 103(1) 238 AND 190 OF THE BNS, 2023 ON THE FILE OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, REGISTERED BY MADANAYAKANAHALLI POLICE STATION. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both the petitions arise out of Crime No.172 of 2024 of Hosahalli Police Station, Vijayanagara District, registered for the offence punishable under Section 103(1), 238 of BNS, 2023. 2. Heard learned counsel for the parties and perused the material on record. 3. Deceased by name Akhilesh Kumar Yadav was found missing on 19.10.2024. A missing complaint was lodged by his brother, Suresh Yadav. The dead body was traced on 29.10.2024. Initially, case in UDR No.40/2024 - 4 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 was registered. The first informant suspected foul play in the death of his brother and on a complaint lodged by him, aforementioned crime was registered against unknown persons. In the course of investigation, accused were arrested. Charge sheet was filed against accused Nos.1 to 7 for the offence punishable under Section 189(2), 191(2), 193(3), 140(1), 103(1), 238 and 190 of BNS, 2023. 4. It is the case of prosecution that all the accused named in the charge sheet and a child in conflict with law, committed the murder of Akhilesh Kumar Yadav on 20.10.2024 by assaulting him with clubs, chopper and hands and dumped the dead body in a forest area, beside Banavikal Gunasagara main road, Banavikallu Village, Kudligi, Vijayanagara. 5. The entire case is based on circumstantial evidence, as there are no eyewitnesses to the incident. Petitioners are arraigned as accused Nos.5 and 6 - 5 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 respectively in the charge sheet. They are arrested on 30.10.2024. 6. Learned HCGP has contended that there is a joint recovery of blood stained clubs, plastic fibre and chopper from accused Nos.1 to 3 and 5 and 6. He contended that the offence committed by the accused is a heinous offence and therefore, they are not entitled for bail. 7. Learned counsel for petitioner has furnished copies of the bail orders in respect of accused Nos.3, 4 and 7. He contended that as per charge sheet allegations, petitioners have assaulted the deceased with hands, whereas accused who are alleged to have assaulted the deceased with weapons, are granted bail by this court. He, therefore, sought to enlarge the petitioners on bail by imposing any conditions. 8. Accused No.3 was granted bail in Crl.P.No.10014/2025 vide order dated 24.07.2025, accused No.4 in Crl.P.No.7972 of 2025 vide order dated - 6 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 02.07.2025 and accused No.7 in Crl.P.No.7912/2025 vide order dated 08.07.2025. 9. Co-ordinate Bench of this Court has taken into consideration that the entire case is based on circumstantial evidence and now the investigation of the case is completed and charge sheet has been filed. Further, there are 67 witnesses cited in the charge sheet and the case before the trial Court is still at the stage of hearing before charge. 10. Petitioners are in custody from 30.10.2024. They have no criminal antecedents. They stand on the same footing as the accused who are enlarged on bail by this Court. Hence, by imposing necessary conditions, petitioners can be enlarged on bail. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 ORDER Petitions are allowed. Petitioners/accused Nos.5 and 6 in S.C.No.71/2025 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru (Crime No.172/2024 of Hosahalli Police Station), shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. - 8 - HC-KAR NC: 2025:KHC:37914 CRL.P No. 11037 of 2025 C/W CRL.P No. 11344 of 2025 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 27