- 1 - HC-KAR NC: 2025:KHC:37216 CRL.P No. 12219 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. 12219 OF 2025 BETWEEN: 1. DILEEP S/O SATYANARAYANA, AGED ABOUT 21 YEARS, R/AT: #15, 16TH CROSS, CHOLURU PALYA, MAGADI ROAD, BENGALURU. 2. VIJAY M. S/O LATE MURULIBABU, AGED ABOUT 21 YEARS, R/AT: #34, 1ST MAIN, NEAR MANJUSHRI BAR, GANGAPPA GARDEN, BHUVANESHWARINAGAR, K.P.AGRAHARA, BENGALURU. …PETITIONERS (BY MISS. SWATHI R., ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE) AND: STATE OF KARNATAKA BY K.P.AGRAHARA P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37216 CRL.P No. 12219 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING THAT THE ABOVE NAMED PETITIONER WHO IS ACCUSED NOS.2 AND 4 MAY KINDLY BE RELEASED ON BAIL IN CRIME NO.1/2025 (SC.NO.582/2025) PENDING BEFORE THE COURT CCH-66, PERTAINING TO THE K.P.AGRAHARA POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1), 61(2), 189(2), 189(4), 191(2), 191(3), 190 OF BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. FIR in Cr.No.1/2025 of Kempapura Agrahara Police Station, Bengaluru City, was registered against unknown persons for the offence punishable under Section 109 of BNS, 2023, on a complaint lodged by one Shantamma W/o late Manjunath, mother of deceased Kushal. 3. The victim, by name Kushal succumbed to the injuries sustained by him in the incident while undergoing treatment in the hospital on 9.1.2025. Chargesheet is filed against accused Nos.1 to 5 for the offence - 3 - HC-KAR NC: 2025:KHC:37216 CRL.P No. 12219 of 2025 punishable under Section 103(1), 61(2), 189(2), 189(4), 191(2), 191(3), 190 of BNS, 2023. 4. The allegations in the chargesheet are that, on the evening of 31.12.2024, accused decided to celebrate New Year and for the said purpose, they purchased six bottles of beer. When the accused went to purchase cigarettes, CW4 stole three beer bottles. Coming to know the same, when the accused went near the Cigarette shop to enquire, deceased Kushal M. along with CWs.2 and 4 abused them and assaulted a child in conflict with law (‘CCL’ for short). In this background, the accused along with CCL 1 and 2 went and quarrelled with Kushal and assaulted him with an iron long and committed his murder. When CWs.2 and 4 intervened, they were assaulted with stones. 5. FIR is registered against unknown persons. Petitioners are arraigned as accused Nos.2 and 4 in the chargesheet. Chargesheet allegations are that accused Nos.3, 4, 5 and CCL-2 held the deceased, while accused - 4 - HC-KAR NC: 2025:KHC:37216 CRL.P No. 12219 of 2025 No.1 assaulted him with an iron long on his head 3-4 times. Again, accused No.1 tried to assault CW2, one of the eye witness. Accused Nos.4 and 5 assaulted CW4 with hands and CCL-1 assaulted CW3 with a stone. Again, CCL-2 dropped a stone on his head. 6. The overt acts of the petitioners and accused No.3 are one and the same. The co-ordinate Bench of this Court has enlarged accused No.3 on bail in Crl.P.No.8646/2025 vide order dated 8.7.2025. It is observed while granting bail to accused No.3 as under: “The fight between the two parties has taken place only after CW4, who was a friend of Kushal had stolen beer bottles of the accused persons and it is in this background, accused persons had gone and fought with Kushal and his friends, who were total strangers to them. In the said incident, accused No.1 had assaulted Kushal with a weapon and it is alleged that subsequently, juvenile accused also had dropped a stone on the head of Kushal who had fallen on the ground. Undisputedly, petitioner who is in custody for the last more than six months has no other criminal antecedents. Trial in the case is yet to - 5 - HC-KAR NC: 2025:KHC:37216 CRL.P No. 12219 of 2025 commence. Prosecution has altogether cited 45 charge sheet witnesses in the present case.” 8. Petitioners have no criminal antecedents. They are in judicial custody since 3.1.2025. Investigation is completed and chargesheet is filed. Petitioners have undertaken to furnish adequate surety to ensure their presence before the trial Court regularly. Hence, the following: ORDER I. The petition is allowed. II. Petitioners/accused Nos.2 and 4 shall be enlarged on bail in Cr.No.1/2025 of Kempapura Agrahara Police Station, pending in SC No.582/2025 on the file of the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru, subject to the following conditions: a) 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; - 6 - HC-KAR NC: 2025:KHC:37216 CRL.P No. 12219 of 2025 b) They shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) They shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) They shall not commit any offence in future; e) They shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed of. Violation of condition/s shall lead to cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 44