- 1 - HC-KAR NC: 2025:KHC:52240 CRL.P No. 14992 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14992 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RAHIM @ ABDUL RAHIM @ SAMPA S/O MOHIDDIN AGED ABOUT 24 YEARS AGASANAKALLU TIPU CIRCLE, CHITRADURGA CHITRADURGA DIST -577 501. 2. VIJAYAKUMAR @ VIJI S/O BASAVARAJ AGED ABOUT 26 YEARS NEAR TIPU CIRCLE AGASANAKALLU CHITRADURGA TOWN CHITRADURGA -577 501. …PETITIONERS (BY SRI. IQBAL AHMED KHAN, ADVOCATE) AND: 1. STATE BY KOTE POLICE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE -560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52240 CRL.P No. 14992 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS / ACCUSED ON BAIL IN CR.No.110/2025 REGISTERED BY CHITRADURGA KOTE P.S IN S.C.No.134/2025 PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE AT CHITRADURGA FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103(1),238 R/W 3(5) OF BNS ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 and 2 under Section 483 of BNSS praying to grant bail in S.C.No.134/2025 pending on the file of Principal District and Sessions Judge, Chitradurga arising out of Crime No.110/2025 of Chitradurga Kote Police Station registered for offences punishable under Sections 103(1), 238 read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial - 3 - HC-KAR NC: 2025:KHC:52240 CRL.P No. 14992 of 2025 evidence. Except recovery of phone at the instance of petitioner No.1 –accused No.1, there are no other circumstances against petitioners. The petitioners were arrested in KSRTC bus stand without any basis and they have been falsely implicated. The petitioners are not having any criminal antecedents and they are residents of Chitradurga. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that there is recovery of blood stained brick and other articles from the spot. The shirt and pants of accused No.2, which are blood stained have been recovered at his instance and the pant of accused No.2 and mobile of deceased have been seized at the instance of accused No.1. The charge sheet materials show prima facie case against the petitioners for offences alleged against them. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:52240 CRL.P No. 14992 of 2025 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on the record. 6. As per charge sheet, the allegation against these petitioners is that they took the deceased to a place where there was nobody, consumed alcohol, quarreled with the deceased, assaulted him with brick and caused his death. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. There is recovery of mobile from the possession of petitioner No.1 –accused No.1. Clothes of petitioners were also recovered and they are found to be blood stained. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. There are no criminal antecedents of the petitioners. The petitioners are resident of Chitradurga and they have undertaken to abide by conditions to be imposed by this Court. Considering above - 5 - HC-KAR NC: 2025:KHC:52240 CRL.P No. 14992 of 2025 aspects, the petitioners have made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioners are granted bail in S.C.No.134/2025 pending on the file of Principal District and Sessions Judge, Chitradurga arising out of Crime No.110/2025 of Chitradurga Kote Police Station registered for offences punishable under Sections 103(1), 238 read with Section 3(5) of BNS subject to following conditions: a) Petitioners –accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. - 6 - HC-KAR NC: 2025:KHC:52240 CRL.P No. 14992 of 2025 b) Petitioners –accused Nos.1 and 2 shall not tamper the prosecution witnesses either directly or indirectly. c) Petitioners –accused Nos.1 and 2 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. d) Petitioners –accused Nos.1 and 2 shall not involve in commission of any offence. If the petitioners are found involved in commission of any offence, the prosecution is at liberty to move an application seeking cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 42