- 1 - HC-KAR NC: 2025:KHC:28058 CRL.P No. 9401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9401 OF 2025 BETWEEN: BHARATH KUMAR. K.S. @ KTM BHARATH S/O RAMESH AGE 28 YEARS R/O 227, 5TH CROSS KEMPEGOWDA NAGAR BYADARAHALLI, MAGADI MAIN ROAD, BENGALURU - 560 019. …PETITIONER (BY SRI VEERANNA G TIGADI, ADV.) AND: THE STATE OF KARNATAKA REP BY SUB-INSPECTOR OF POLICE, THALAGHATTPURA POLICE STATION, BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION BY GRANTING HIM BAIL IN THALAGHATTAPURA P.S. IN CR.NO.29/2024 (SC.NO.265/2024) FOR THE OFFENCES P/U/S 114,143,144,147,148,149,120(B),302 OF IPC, 1860, PENDING ON THE FILE OF THE LEARNED XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28058 CRL.P No. 9401 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.265/2024 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.29/2024 registered by Thalaghattapura Police Station, Bengaluru, for the offences punishable under Sections 114, 143, 144, 147, 148, 120B, 302, 324 and 149 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.29/2024 was registered by Thalaghattapura Police Station, Bengaluru, initially for the offence punishable under Section 302 of IPC against unknown persons based on the first information dated 28.01.2024 received from Smt. Pallavi W/o deceased Galappa. During the course of investigation, petitioner herein was arrested on 30.01.2024 and subsequently remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:28058 CRL.P No. 9401 of 2025 After completing investigation, charge sheet has been filed against 13 accused persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in SC No.265/2024 was rejected on 24.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that CW2 and CW3, who are the alleged eye witnesses to the incident in question, have turned hostile to the case of prosecution. Under similar circumstances, accused No.4 has been granted regular bail by this Court in Crl.P.No.9124/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that petitioner is a person with criminal antecedents. Learned counsel for the petitioner however brings to the notice of this Court that in the earlier criminal cases registered against the petitioner, he has been already enlarged on bail. 6. FIR in the present case was registered against unknown persons. During the course of investigation, petitioner and other persons were arrested and after completing investigation, - 4 - HC-KAR NC: 2025:KHC:28058 CRL.P No. 9401 of 2025 charge sheet has been filed against accused for the aforesaid offences. The allegation of assaulting the deceased Galappa is found in the charge sheet against accused Nos.1 to 6. CW2 and CW3 are the alleged eye witnesses to the incident in question. They are now examined before the Trial Court as PW2 and PW3. Learned counsel for the petitioner has submitted that PW2 and PW3 have not supported the case of the prosecution and therefore, they are treated as hostile witnesses. The said submission is not disputed by the learned HCGP. Similarly placed accused No.4 has been granted regular bail by this Court in Crl.P.No.9124/2025. Out of the 65 charge sheet witnesses cited in the present case, till date the prosecution has examined only five witnesses as PW1 to PW5. Petitioner is in custody in the present case for the last about one year six months. The chances of trial being completed and case being disposed off on merits in the near future is very remote. In all the other criminal cases registered against the petitioner, he has been enlarged on bail. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 5 - HC-KAR NC: 2025:KHC:28058 CRL.P No. 9401 of 2025 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.265/2024 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.29/2024 registered by Thalaghattapura Police Station, Bengaluru, for the offences punishable under Sections 114, 143, 144, 147, 148, 120B, 302, 324 and 149 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 6 - HC-KAR NC: 2025:KHC:28058 CRL.P No. 9401 of 2025 e) 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. Sd/- (S VISHWAJITH SHETTY) JUDGE DN