- 1 - HC-KAR NC: 2025:KHC:32160 CRL.P No. 10968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10968 OF 2025 BETWEEN: RAKSHITH J SHETTY AGED ABOUT 21 YEARS, S/O JAYANTH SHETTY, R/AT: NO.306, NEAR SUNKADAKATTE BUS STOP, 2ND CROSS, BHAIRAVESHWARA NAGAR, MAGDI ROAD, BENGALURU-560 091. …PETITIONER (BY SRI. PRAVEEN HEGDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY THALAGATTAPURA P.S. THALAGATTAPURA, BANGALORE. REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER/ ACCUSED NO.5 IN S.C.NO.265/2024 FILED BY THE THALAGHATTAPURA POLICE STATION FOR THE OFFENCES PUNISHABLE U/SEC.114, 143, 144, 147, 148, 120-B, 302, 324 R/W 149 OF IPC PENDING ON THE FILE OF THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32160 CRL.P No. 10968 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 respondent-State and perused the material on record. 2. Petitioner/accused No.5 is seeking to enlarge him on bail in SC No.265/2024 pending on the file of Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 3. FIR is registered against unknown persons, on the basis of a complaint lodged by Smt. Pallavi w/o deceased Galappa for the offence under Section 302 IPC. 4. Charge sheet is filed against accused Nos.1 to 13 for offences punishable under Section 114, 143, 144, 147, 148, 120B, 302, 324 r/w 149 of IPC. - 3 - HC-KAR NC: 2025:KHC:32160 CRL.P No. 10968 of 2025 5. It is alleged by the prosecution that all the accused, in view of previous enmity with deceased Galappa, conspired to commit his murder and in furtherance of the said conspiracy, on 28.1.2024, formed an unlawful assembly armed with deadly weapons and when the deceased was talking to CW2 near a under construction building situated at R.V.College Road, Chikkegowdnapalya, attacked him with deadly weapons and committed his murder and also caused injury to CW2. 6. Petitioner is arraigned as accused No.5 in the chargesheet. He was arrested on 30.1.2024 and since then, he is in judicial custody. 7. Learned High Court Government Pleader has contended CW2 is the injured eye witness. He has identified the petitioner in the test identification parade, a blood stained long and cloths of the petitioner have been seized. Hence, there is a prima facie case against the petitioner. - 4 - HC-KAR NC: 2025:KHC:32160 CRL.P No. 10968 of 2025 8. FIR is registered against unknown persons. In the course of investigation, statement of the injured witness namely CW2 was recorded. 9. It is submitted by the learned counsel for petitioner that evidence of CWs.1 to 4 has been recorded by the trial Court and the said witnesses have turned hostile and not supported the prosecution case. 10. Petitioner is in custody from 30.1.2024. The allegations are that even the petitioner participated in the crime and assaulted the deceased with a long on his right shoulder. It is relevant to mention that similarly placed accused Nos.1 and 4 have been enlarged on bail by this Court in Crl.P.No.9401/2025 vide order dated 23.7.2025 and Crl.P.No.9124/2025 vide order dated 15.7.2025. The material witnesses are already examined. Hence, question of tampering the said witnesses does not arise. Petitioner has no criminal antecedents. - 5 - HC-KAR NC: 2025:KHC:32160 CRL.P No. 10968 of 2025 11. Considering that accused Nos.1 and 4 have been enlarged on bail by this Court, on the ground of parity, the petitioner is entitled for bail. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.5 in S.C.No.265/2024 pending on the file of the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru (Cr.No.29/2024 of Thalaghattapura Police Station, Bengaluru) 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. - 6 - HC-KAR NC: 2025:KHC:32160 CRL.P No. 10968 of 2025 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 condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 40