- 1 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9172 OF 2025 (439(Cr.PC) / 483(BNSS) ) BETWEEN: VINAY @ PATRU S/O LATE THIPPANNA, AGED ABOUT 30YEARS, R/ AT NO.05, 1ST MAIN, NEAR PATALAMMA TEMPLE, ADUGODI, BENGALURU-560 030. (ACCUSED NO.1 IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. SHIVAPPA T., ADVOCATE) AND: 1. STATE OF KARNATAKA SHO, ADUGODI PS, BENGALURU-560 030 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. MR.MOHAN @ PRAKASH S/O DEVARAJ, R/O NO.8, ANJANEYA TEMPLE STREET, ADUGODI, BENGALURU-560030 …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (U/S.483 BNSS) PRAYING THIS HONOURABLE COURT TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.296/2023 AND S.C.NO.63/2024 FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 302, 307, R/W SEC.149 OF IPC REGISTERED BY THE RESPONDENT/ ADUGODI POLICE, BENGLAURU NOW PENDING ON THE FILE OF THE HONBLE LXV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-66) BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.63/2024 pending before the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.296/2023 registered by Adugodi Police Station, Bengaluru, for the offence punishable under Sections 143, 147, 148, 307, 302 read with Section 149 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. - 3 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 3. FIR in Crime No.269/2023 was registered by Adugodi Police Station, Bengaluru, for the offence punishable under Sections 143, 147, 148, 307, 302 read with Section 149 of IPC, against the petitioner and other accused persons based on the first information dated 09.10.2023 received from one Mohan @ Prakash, who is the Cousin Brother of the deceased-Srinivas. During the course of the investigation of the case, the petitioner herein has arraigned as accused No.1 in the FIR and was arrested on 09.10.2023 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against 7 accused persons. The petitioner herein is arraigned as accused No.1 in the charge sheet which was filed for the aforesaid offences. 4. The bail petition filed by the petitioner before the jurisdictional Sessions Court in S.C.No.63/2024 was rejected on 07th of April, 2025. Therefore, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 5. Learned Counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that except the petitioner all the other accused persons have been granted bail in the present case. Allegation against the petitioner herein and accused Nos.2 to 4 are similar in the chargesheet. In the earlier criminal case registered against the petitioner herein for the offence punishable under Section 307 of IPC, he is granted regular bail. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 7. Perusal of the material on record would go to show that FIR was initially registered against 4 named accused persons based on the first information submitted by one Sri.Mohan @ Prakash, who is the Cousin Brother of the deceased-Srinivas. During the course of the investigation of the case, the petitioner and other accused - 5 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 persons were arrested and after completing the investigation, chargesheet has been filed against 7 accused persons. In the chargesheet it is alleged that the accused persons had quarrelled with deceased-Srinivas on 19.09.2023 during the course of Ganesha Idol procession and therefore, they had vengeance against him. On 08.10.2023, the Ganesha Idol kept at Bazar Street, within the jurisdiction of Adugodi Police Station was taken in procession and on the said date, the accused persons who had planned to murder Srinivas, had kept weapons in the Crane which was used for immersion of Genesha Idol. At about 8.00 p.m., on 08.10.2023, the accused persons who found Srinivas, allegedly abused him and thereafter, assaulted him with deadly weapons. The allegation of assaulting Srinivasa with deadly weapons is found in the chargesheet as against all the accused persons. But, there are no specific overt acts attributed to any one of the accused. Accused Nos.1 to 3 also had assaulted CW.3, the mother of the deceased-Srinivas. - 6 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 8. CW.3, who is the injured eyewitness has not spoken about the specific overt acts of any one of the accused persons, who had assaulted her son-Srinivas. It is under these circumstances, accused Nos.3 and 4 have been granted regular bail by this Court in Crl.P.No.1929/2025 and Crl.P.No.4265/2025. Accused No.2 has been granted regular bail by the Trial Court in S.C.No.63/2024 vide order dated 28.04.2025. In the earlier criminal case registered against the petitioner in the year 2021 for the offence punishable under Section 307 of IPC, he is said to have been enlarged on bail. So far as the present case is concerned, except the petitioner other accused persons have been granted regular bail. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and demerits of the case, the petitioner's prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. 9. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.63/2024 pending before the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.296/2023 registered by Adugodi Police Station, Bengaluru, for the offences punishable under Sections 143, 147, 148, 307, 302 read with Section 149 of IPC, subject to the following conditions: a) Petitioner 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 8 - HC-KAR NC: 2025:KHC:27296 CRL.P No. 9172 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off; and e) The petitioner shall mark his attendance before the Station House Officer of Adugodi Police Station, on every 4th Sunday between 10.00 a.m., to 1.00 p.m., regularly for a period of one year. Sd/- (S VISHWAJITH SHETTY) JUDGE DL