- 1 - HC-KAR NC: 2025:KHC:33442 CRL.P No. 11770 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11770 OF 2025 BETWEEN: CHANDAN D @ CHANDU GOWDA S/O DHANANJAYA S.B., AGED ABOUT 23 YEARS, R/AT: NO.103, OPP TO GANESHA SAMIL, VISHWESHAWARAPURA, NELAMANGALA TOWN, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. MANJUNATH S., ADVOCATE) AND: STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.185/2025 REGISTERED BY NELAMANGALA RURAL POLICE STATION, BENGALURU RURAL FOR THE OFFENCES ALLEGED AGAINST THE PETITIONER UNDER SECTION 61(1)(2), 103(1), 238, 140(1) R/W 190 OF BHARATIYA NYAYA SANHITA, 2023, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT NELAMANGALA, BENGALURU RURAL DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33442 CRL.P No. 11770 of 2025 THIS PETITION, 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, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is seeking to enlarge him on bail in Cr.No.139/2025 of Kunigal Police Station, Tumakuru, registered for the offence punishable under Section 103(1), 238 of BNS, 2023. 3. Chargesheet is filed against accused Nos.1 to 3 for the offence punishable under Section 61(1)(2), 103(1), 238, 140(1) r/w 190 of BNS, 2023. 4. One Krishnamurthy R., working as a plantation guard in the Forest Department, Kunigal Range, on noticing a decomposed dead body of a male person aged 30-35 years lying behind Sri Ranganathaswamy Temple, Ranganathaswamy Hill, Menasinahalli, KGL Taluk, - 3 - HC-KAR NC: 2025:KHC:33442 CRL.P No. 11770 of 2025 Tumakuru, lodged a complaint with the Kunigal Police. Based on which, aforementioned crime was registered against unknown persons. The dead body was identified by the wife of deceased. In the course of investigation, accused were arrested. Chargesheet was filed against accused Nos.1 to 13. Petitioner is arraigned as accused No.12 in the chargesheet. He was arrested on 14.6.2025. 5. It is the case of prosecution that deceased Azaruddin and accused No.1 by name Feroz Khan were doing scrap business. As some difference arose between them, accused No.1 held a conspiracy with other accused persons to commit his murder. In view of the said conspiracy, on 12.3.2025 at about 1.00-1.30 am, the accused abducted the deceased from his house and took him to a hill, behind Sri Ranganathaswamy Temple and assaulted him with stones and committed his murder. 6. The case is based on circumstantial evidence. According to prosecution, the accused assaulted the - 4 - HC-KAR NC: 2025:KHC:33442 CRL.P No. 11770 of 2025 deceased by dropping two cement whole bricks on him and committed his murder. 7. It is relevant to see that initially, the wife of deceased by name Seema (CW11) lodged a complaint with Nelamangala Rural Police on 14.3.2025 alleging that two persons by name Salman Pasha and Saleem S. have abducted her husband on 12.3.2025 at about 1.30 a.m. A case was registered in Cr.No.106/2025 of Nelamangala Police Station against the said persons. Even though in the statement recorded on 26.3.2025 in the present case, CW11 has alleged that along with Salman Pasha and Saleem S, there were 8-10 other persons while abducting her husband, however, in her complaint lodged with the Nelamangala Rural Police, she has only alleged that two persons i.e., Salman Pasha and Saleem S., have abducted her husband. The said two persons are arraigned as accused Nos.2 and 8 in the chargesheet. - 5 - HC-KAR NC: 2025:KHC:33442 CRL.P No. 11770 of 2025 8. The prosecution is also relying on the statements of CWs.16 and 17, who have allegedly seen the accused abducting the deceased on 12.3.2025 at about 1.30 am. Their statements are recorded on 29.3.2025. 9. The prosecution has to establish its case against the petitioner in a full fledged trial. Investigation is completed and chargesheet is filed. 10. It is submitted that the petitioner is a Engineering student and his examination is scheduled on 2.9.2025 and he has no criminal antecedents. 11. In the facts and circumstances, the petitioner can be enlarged on bail by imposing conditions. Hence, the following: ORDER i) Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:33442 CRL.P No. 11770 of 2025 ii) Petitioner/accused No.12 in Crime No.185/2025 of Nelamangala Rural Police Station, Bengaluru District, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL / List No.: 1 Sl No.: 40