- 1 - HC-KAR NC: 2025:KHC:44981 CRL.P No. 11048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11048 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NISCHITH. N S/O NAGESHA R AGED ABOUT 20 YEARS R/AT HOSABADAVANE HENJARAPPA LAYOUT HEGGERE KASABA HOBLI TUMAKURU TALUK – 572 215. …PETITIONER (BY SRI. VISHNUMURTHY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELLAVI P S R/P BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 009. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.103/2024 (CR.No.98/2023) OF BELLAVI P.S, FOR AN OFFENCE UNDER SECTION 302, 394, 201, READ WITH 34 OF I.P.C, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSION JUDGE, TUMKURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44981 CRL.P No. 11048 of 2025 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 No.2 under Section 483 of BNSS praying to grant bail in SC No.103/2024 (Crime No. 98/2023 of Bellavi Police Station) registered for offences under Sections 302, 394, 201 read with Section 34 IPC pending on the file of II Additional District and Sessions Judge, Tumkuru. 2. Heard learned counsel for petitioner and learned Additional SPP for 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 evidence. Except recovery of car, blood stains in the car, blood stained jack, purse of the deceased at the instance of accused persons, there are no other circumstances against the petitioners. As the charge sheet is filed, the - 3 - HC-KAR NC: 2025:KHC:44981 CRL.P No. 11048 of 2025 petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 31.01.2024 and the case is still at the stage of HBC. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that for gain the petitioner and other accused have killed the driver of the car and taken the car and other articles belonging to the deceased. There is recovery of car and it contains blood stains. It contained a jack which is blood stained. There is also recovery of purse at the instance of accused Nos. 1 and 2 and it was containing ATM cards, DL of the deceased. The knife, jack and car mat are found to be blood stained in FSL report. The petitioner is involved in Crime No.186 of 2022 of Tumkur Rural Police Station for abatement to commit murder. The petitioner is associated with accused No.1 who is also having criminal antecedents and involved in 7 cases. If the petitioner is granted bail, there is a threat to the prosecution witnesses and - 4 - HC-KAR NC: 2025:KHC:44981 CRL.P No. 11048 of 2025 committing of similar offences. With these she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The petitioner and accused No.1 decided to rob and in furtherance of the same they in the guise of taking drop, boarded the car of the deceased and when they alighted, the deceased asked them the money/fare and they took him under the guise of giving the fare and accused No.1 who was sitting in the rear seat of the car has held the neck, accused No.2 drove the car and when deceased started struggling, accused No. 1 assaulted him on his neck with a sticker cutting knife three times. The deceased sustained injury and fell down. Accused No.1 took mobile, cash, purse containing ATM cards and threw the body. There is a recovery of car at the instance of accused No.1 and it contained blood stains in the car, mat and also on the jack. There is recovery at the instance of - 5 - HC-KAR NC: 2025:KHC:44981 CRL.P No. 11048 of 2025 this petitioner and accused No.1 of the purse and it contained two ATM cards and DL of the deceased. The knife seized from the accused persons also stained with blood. The FSL report indicates that the said articles i.e. jack, knife, car, mat are stained with blood. The charge sheet material show prima-facie case against the petitioner for offences alleged against him. The petitioner is having criminal antecedents. He is involved in Crime No.186/2022 of Tumkuru Rural Police Station in a murder case. Considering these aspects, the petitioner has not made out any ground for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 12 Ct.sm