- 1 - HC-KAR NC: 2025:KHC:39872 CRL.P No. 12830 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12830 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MADESH @ MADI @ KAPPE S/O SHIVAPPA, AGED ABOUT 21 YEARS, R/AT: OPP, SHARADHA CONDIMENTS, 25TH CROSS, BHUVANESHWA. K.P. AGRAHARA BANGALORE-560023. …PETITIONER (BY SRI. PANDURANGA G., ADVOCATE) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER, K.P. AGRAHARA POLICE STATION, BENGALURU-560 001 REP. BY SPP HIGH COURT OF KARNATAKA AT BANGALORE-560001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER TO BE ENLARGED ON BAIL IN S.C.NO.582/2025 PENDING BEFORE THE COURT OF LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-66) BENGALURU ARISING OUT OF CRIME NO.1/2025 REGISTERED BY KEMPAPURA AGRAHARA POLICE STATION, BENGALURU, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39872 CRL.P No. 12830 of 2025 FOR THE OFFENCE P/U/S 103(1), 61(2), 189(2), 189(4), 191(2), 191(3), 126(2), 190 OF BNS, 2023 AND ETC. 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.5 under Section 483 of BNSS, 2023, seeking grant of bail in Crime No.1/2025 of Kempapura Agrahara Police Station, Bangalore registered for offences punishable under Section 103(1), 61(2), 189(2), 189(4), 191(2), 191(3), 126(2), 190 of BNS, 2023 pending in S.C.No.582/2025 on the file of LXV Additional City Civil and Session Judge, Bangalore. 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 - HC-KAR NC: 2025:KHC:39872 CRL.P No. 12830 of 2025 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 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. - 4 - HC-KAR NC: 2025:KHC:39872 CRL.P No. 12830 of 2025 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 No.1 assaulted him with an iron long on his head 3-4 times. Again, accused No.1 tried to assault CW.2, one of the eye witness. Accused Nos.4 and 5 assaulted CW.4 with hands and CCL-1 assaulted CW.3 with a stone. Again, CCL-2 dropped a stone on his head. 6. The overt acts of the petitioner 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 08.07.2025. 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 - 5 - HC-KAR NC: 2025:KHC:39872 CRL.P No. 12830 of 2025 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 commence. Prosecution has altogether cited 45 charge sheet witnesses in the present case.” 7. Petitioner has no criminal antecedents. Petitioner is in judicial custody since 03.01.2025. Investigation is completed and charge sheet is filed. Petitioner has undertaken to furnish adequate surety to ensure his presence before the trial Court regularly. Hence the following order: ORDER The petition is allowed. The petitioner/accused No.5 is enlarged on bail in Crime No.1/2025 of Kempapura Agrahara Police Station pending in S.C.No.582/2025 on the file of LXV Additional City Civil and Sessions Judge, Bengaluru, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:39872 CRL.P No. 12830 of 2025 1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. The petitioner shall regularly appear on all the dates of hearing before the trial Court unless exempted and cooperate for speedy disposal of the case. 3. The petitioner shall not directly or indirectly threaten or tamper the prosecution witnesses. 4. The petitioner shall not commit any offence in future. 5. 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 of. - 7 - HC-KAR NC: 2025:KHC:39872 CRL.P No. 12830 of 2025 Violation of conditions shall lead to cancellation of bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 35