- 1 - HC-KAR NC: 2025:KHC:47566 CRL.A No. 2073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2073 OF 2025 (U/S 14(A) (2)) BETWEEN: SRI NAGARAJ R. @ NAGESH S/O RAJESH, AGED ABOUT 28 YEARS, RESIDING AT MURALI KRISHNA'S RENTED HOUSE, 11TH CROSS, NEAR MAGGA FACTORY, VITHAL NAGAR, CHAMARAJPET, BENGALURU-560018 …APPELLANT (BY SRI. RAJANNA C., ADV.) AND: 1. STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION, BENGALURU CITY REPRESENTED BY ITS S.P.P., HIGH COURT BUILDING, BANGALORE-01 2. SMT. SAROJAMMA W/O RAMANNA, AGED ABOUT 60 YEARS, RESIDING AT NO.28, CHIKKABYALADAKERE, SHIVAKOTE POST, HESARAGHATT HOBLI, BENGALURU CITY 560089 …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1, SRI. Y. KOTRESHA, ADV. FOR R2.) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47566 CRL.A No. 2073 of 2025 THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDERS DATED 22.09.2025 PASSED IN CRL.MISC.NO.1606/2025 AND TO GRANT REGULAR BAIL IN CRIME NO.132/2025 (SPL.C.NO.604/2025) OF SOLADEVANAHALLI POLICE STATION, BENGLAURU CITY FOR AN ALLEGED OFFENCE P/U/S/ 103,140(1),61(2),238 R/W SEC.395) OF BNS 2023 AND SEC.3(2)(v) OF SC/ST (POA) ACT 1989 PENDING ON THE FILE OF THE II ADDL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant/accused No.1 has preferred this appeal against the order dated 22.09.2025 passed in Crl.Misc.No.1606/2025 by the II Additional District and Sessions Judge, Bangalore Rural District, Bengaluru. 2. For the sake of convenience, the parties herein are referred to as per their rank before the trial Court. 3. Brief facts leading to this appeal are that, on the basis of complaint filed by one Smt. Sarojamma, Soladevanahalli police have registered the case in Crime No.132/2025 against four unknown persons for the - 3 - HC-KAR NC: 2025:KHC:47566 CRL.A No. 2073 of 2025 offence under sections 140(1) and section 3(5) of BNS 2023. During the course of investigation, the Investigating Officer has arrested the present appellant and others. After investigation, IO has submitted the charge sheet against accused 1 to 4 and other Juvenile offenders J1 to J3 for the commission of offence under sections 103, 140(1), 61(2) and 238 read with section 3(5) of BNS 2023 and Section 3(2)(v) of SC/ST (POA) Act, 1989. The appellant had filed bail application under Section 483 of BNSS. The same came to be rejected by the trial Court. Being aggrieved by this order, the appellant has preferred this appeal. 4. Statement of objection is filed on behalf of respondent No.2. 5. Learned counsel for the accused Sri C.Rajanna would submit that the appellant is very innocent. He has not committed any offence as alleged against him. The name of the appellant is not found in the FIR or in the complaint. There are no eye-witnesses to this incident. The police - 4 - HC-KAR NC: 2025:KHC:47566 CRL.A No. 2073 of 2025 have created one of the witnesses by saying that they saw some four persons kidnapping the deceased forcibly. But after arrest of the accused 1 to 4 and Juvenile offenders J1 to J3, the respondent police have not conducted identification parade to identify the persons who were present at the alleged place of kidnap as stated by the said witness. The accused persons have not kidnapped the deceased at any point of time. There are contradictions in the charge sheet and as well as in the statement of the alleged eyewitness. The prosecution papers do not disclose any direct role of the appellant in the commission of alleged offence. The entire case of the prosecution is based on circumstantial evidence. But at the instance of some of the persons who are inimically disposed towards the appellant, the present charge sheet is filed. Accused No.4 is already released on bail by the trial Court. On all these grounds, it is sought for allowing this appeal. 6. As against this, learned HCGP Sri Lakshman.B for respondent-State and learned counsel Sri Y.Kotresh for - 5 - HC-KAR NC: 2025:KHC:47566 CRL.A No. 2073 of 2025 respondent No.2, would submit that there are prima facie materials to attract the alleged commission of offence. The trial court has properly appreciated the materials on record and rejected the bail application and sought for dismissal of the appeal. 7. I have examined the materials placed before me. On the basis of complaint filed by Smt.Sarojamma, Soladevanahalli Police have registered the case in Crime No.132/2025 against four unknown persons for the offence under sections 140(1), 3(5) of BNS, 2023. During the course of investigation, IO has arrested the accused and after thorough investigation, IO has submitted the charge sheet against accused 1 to 4 and Juvenile offenders J1 to J3 for the offence punishable under sections 103, 140(1), 61(2), 238 read with 3(5) of BNS 2023 and Section 3(2)(v) of SC/ST (POA) Act, 1989. 8. The alleged incident took place on 26.04.2025. On the very next day, the Investigating Officer has recorded the statement of the eyewitness Muniraj.M, S/o Late - 6 - HC-KAR NC: 2025:KHC:47566 CRL.A No. 2073 of 2025 Munishyamappa, in which he has clearly stated that he has witnessed the Act of the accused while they were kidnapping the deceased Chandrasekhar. I also perused copy of the charge sheet and the other materials. On perusal of all these materials, the arguments advanced on behalf of the appellant counsel cannot be considered. Only after full-fledged trial, the arguments advanced on behalf of the appellant can be considered. At this stage, there are prima facie materials to attract the alleged commission of offences, which are heinous in nature and punishable with death or imprisonment for life. Viewed from any angle, I do not find any error/illegality in the order passed by the trial Court. Accordingly, I proceed to pass the following: O R D E R Appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 45