- 1 - HC-KAR NC: 2025:KHC:28339 CRL.P No. 10014 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10014 OF 2025 BETWEEN: GANESHA N S/O NAGARAJA AGED ABOUT 24 YEARS R/AT HESARGHATTA MAIN ROAD HANUMANTHAPPA BADAVANE NELAMANGALA TQ - 562 123 BENGALURU RURAL DIST. …PETITIONER (BY SRI NATARAJ G, ADV.) AND: THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, BENGALURU RURAL DIST BENGALURU, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE BEING PETITIONER ON BAIL IN SESSIONS CASE NO.71/2025 (CR.NO.1007/24) REGISTERED BY MADANAYAKANAHALLI P.S. BENGALURU RURAL FOR THE OFFENCES P/U/S. 189(2), 191(2), 193(3), 140(1), 103(1), 238, 190 OF BNSS PENDING ON THE FILE OF IX ADDL. DISTRICT AND SESSIONS JUDGE, AT BANGALURU RURAL DISTRICT, BENGLAURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28339 CRL.P No. 10014 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.3 in S.C.No.71/2025 pending before the Court of IX Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out Crime No.1007/2024 registered by Madanayakanahally Police Station, Bengaluru District, for the offences punishable under Sections 189(2), 191(2), 193(3), 140(1), 103(1), 238 and 190 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Perusal of the material on record would go to show that FIR in Crime No.172/2024 was registered by Hosahalli Police Station, Kudlagi Taluk, Ballari District on 30.10.2024 for the offences punishable under Sections 103(1) and 238 of BNS, 2023, against Mahammad Esan and others based on the first information dated 30.10.2024 submitted by Suresha Yadav, cousin brother of deceased Akhilesha Kumar Yadav. In the said case, petitioner was arrested on 30.10.2024. Subsequently, - 3 - HC-KAR NC: 2025:KHC:28339 CRL.P No. 10014 of 2025 case was transferred for want of jurisdiction to Madanayakanahally Police Station, Benglauru, and was registered in Crime No.1007/2024. After completing investigation, charge sheet has been filed in the present case against seven persons. Petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Trial Court in SC No.71/2025 was rejected on 21.05.2025. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner submits that similarly placed accused Nos.4 and 7 have been granted regular bail by this Court in Crl.P.No.7972/2025 and Crl.P.No.7912/2025. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that Akhilesha Kumar Yadav was found missing on 19.10.2024. A missing complaint was though lodged by the first informant on - 4 - HC-KAR NC: 2025:KHC:28339 CRL.P No. 10014 of 2025 21.10.2024. It appears that dead body of Akhilesha Kumar Yadav was found on 29.10.2024 and thereafter, a UDR case in UDR No.40/2024 was registered. Since first informant suspected foul play in the death of his cousin brother Akhilesha Kumar Yadav, he had submitted first information dated 30.10.2024 before the Hosahalli Police Station, Ballari District, which had resulted in registering FIR in Crime No.172/2024. In the said case, petitioner was arrested on 30.10.2024. Subsequently, FIR was transferred to Madanayakanahall Police Station and was numbered in Crime No.1007/2024. After completing investigation in the said case, charge sheet has been filed against seven persons. The entire case of the prosecution is based on circumstantial evidence. Accused Nos.4 and 7 have been granted regular bail by this Court in Crl.P.No.7972/2025 and Crl.P.No.7912/2025. Under the circumstances, I am of the opinion that on the ground of parity, 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:28339 CRL.P No. 10014 of 2025 7. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.71/2025 pending before the Court of IX Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out Crime No.1007/2024 registered by Madanayakanahally Police Station, Bengaluru District, for the offences punishable under Sections 189(2), 191(2), 193(3), 140(1), 103(1), 238 and 190 of BNS, 2023, 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:28339 CRL.P No. 10014 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