- 1 - HC-KAR NC: 2025:KHC:37150 CRL.P No. 11535 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11535 OF 2025 BETWEEN: UMESH C AGED ABOUT 34 YEARS, S/O LATE CHIKKAMARI, NO.52, 1ST FLOOR, 1ST CROSS, NEAR ANJANEYASWAMY TEMPLE, CHUNCHUNGATTE MAIN ROAD, KONANKUNTE CROSS, BENGALURU CITY-560062 …PETITIONER (BY SRI.MANJUNATH B S., ADVOCATE) AND: STATE BY KUMARASWAMY LAYOUT POLICE STATION REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI.R.RANGASWAMY, ADVOCATE) THIS CRL.P FILED U/S 439 CR.PC (U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ADMIT THE PETITIONER ON BAIL IN CR.NO.187/2025 ON FILE OF KUMARSWAMY LAYOUT PS FOR THE OFFENCE U/S.64(1), Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37150 CRL.P No. 11535 of 2025 308(2), 318(4), 351(2) AND 352 OF BNS ACT, 2023 AND ORDER FOR RELEASE OF THE PETITIONER FROM JUDICIAL CUSTODY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by the petitioner/sole accused to enlarge him on bail in Crime No.187/2025 of Kumaraswamy Layout Police Station, Bengaluru City, registered for the offences punishable under Sections 308(2), 318(4), 351(2) and 352 of BNS Act, 2023. 2. In the course of investigation, Section 64(1) of the BNS Act, 2023 was invoked. 3. Petitioner was arrested on 21.06.2025. His bail application has been rejected by the learned Sessions Judge vide order dated 03.07.2025. It is observed therein that the investigation is still pending and if the accused is - 3 - HC-KAR NC: 2025:KHC:37150 CRL.P No. 11535 of 2025 released on bail, there are chances of destroying the material evidence. It is further observed that investigation is in preliminary stage, the report does not specifically mention whether the statement of the victim under Section 183 of BNSS is recorded or not and at this stage, if bail is granted, there are chances of accused forcing the victim not to give her statement under Section 183 of BNSS. The learned Sessions Judge has made it clear that the bail application of the accused can be considered only after the investigation is completed. 4. The learned HCGP submitted that the investigation is almost completed. 5. The learned counsel for petitioner would submit that petitioner may be permitted to approach the Sessions Court with a fresh bail application and with that liberty, he may be permitted to withdraw the petition. 6. In light of the above submission, petitioner is permitted to withdraw the petition. Liberty is reserved to - 4 - HC-KAR NC: 2025:KHC:37150 CRL.P No. 11535 of 2025 him to file a fresh bail application before the Sessions Court on filing of the final report. 7. The learned Sessions Judge shall consider the bail application, in accordance with law, and dispose of the same as expeditiously as possible. 8. With the above observation, petition is dismissed as withdrawn. Sd/- (MOHAMMAD NAWAZ) JUDGE DH List No.: 1 Sl No.: 35