- 1 - HC-KAR NC: 2025:KHC:31486 CRL.P No. 9464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9464 OF 2025 BETWEEN: SRI SUMANTH KUMAR @ PAKALI @ HASAN S/O RAJANNA AGED ABOUT 28 YEARS R/AT KATTEBELAGUDI VILLAGE, BUGIVALU POST, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573211 …PETITIONER (BY SRI RAMESHA H N., ADVOCATE) AND: STATE OF KARNATAKA BY KAMAKSHIPALYA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, CITY CIVIL COURT COMPLEX BENGALURU-560001 …RESPONDENT (BY SRI K.NAGESWARAPPA, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER / ACCUSED NO.2 ON BAIL IN S.C.NO.555/2022 PENDING ON THE FILE OF THE HONBLE LXIX ADDL.CITY CIVIL Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31486 CRL.P No. 9464 of 2025 AND SESSIONS JUDGE AT BENGALURU FOR THE ALLEGED OFFENCE P/U/S 143, 147, 148, 341, 323, 324, 307, 302 R/W 149 OF IPC IN CR.NO.194/2021 REGISTERED BY THE KAMAKSHIPLAYA POLICETHE LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGLAURU HAS REJECTED THE BAIL PETITION ON 29.05.2025 IN CRL.MISC.NO.4025/2025. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by accused No.2, to enlarge him on bail in S.C.No.555/2022 pending on the file of the LXIX Additional City Civil and Sessions Judge, at Bengaluru. 2. Heard both sides and perused the material on record. 3. Crime No.194/2021 of Kamakshipalya Police Station was registered against seven unknown persons, on a complaint lodged by Manjunath.D.R., Son of late D.C.Rajakumar, for the offence punishable under Sections - 3 - HC-KAR NC: 2025:KHC:31486 CRL.P No. 9464 of 2025 143, 147, 148, 341, 323, 324, 307, 302 r/w Section 149 of IPC. 4. The complaint averments would reveal that on 18.07.2021 between 5.00 pm to 6.00 pm, all the seven accused, on account of previous enmity, assaulted one Hemanth, when he along with the complainant had been to Vidyashree Wines in Vrushabavathinagar, Kamakshipalya, Bengaluru City. It is alleged that the accused have assaulted Hemanth with hands all over his body, kicked him, etc., and accused No.1 assaulted the complainant with a plastic chair on his head and accused Nos.3 to 7 dragged him and assaulted him, kicked him etc., 5. Injured Hemanth was initially given treatment at one Sri.Lakshmi Multi Specialty Hospital and from there, on 31.07.2021, he was shifted to NRR Hospital wherein, he succumbed to the injuries on 05.08.2021 at about 5.25 am. - 4 - HC-KAR NC: 2025:KHC:31486 CRL.P No. 9464 of 2025 6. Charge-sheet is filed against accused Nos.1 to 7, wherein petitioner is arraigned as accused No.2. He was arrested on 23.07.2021. He is in judicial custody, since then, i.e., for more than four years. The allegations against all the accused are same. Similarly placed accused are on bail. 7. The learned HCGP contended that trial has started and the complainant, injured eye-witness has been examined by the Trial Court. He further contended that there are other witnesses to be examined and if the petitioner is enlarged on bail, he may tamper with those witnesses and thereby, hamper the case of prosecution. 8. Learned counsel for the petitioner contended that the complainant who has been examined as PW-1 has not supported the case of prosecution and he has categorically stated that he has not seen the petitioner/ accused No.2 earlier and seeing him for the first time in the Court. - 5 - HC-KAR NC: 2025:KHC:31486 CRL.P No. 9464 of 2025 9. The evidence recorded before the Trial Court cannot be appreciated at this stage and if any opinion is expressed on the merits of the case, it may prejudice both the parties. However, considering that similarly placed other accused are enlarged on bail and the petitioner is in judicial custody for more than four years, by imposing appropriate conditions, petitioner can be admitted to bail. Accordingly, the following: ORDER Petition is allowed. Petitioner/Accused No.2 is directed to be enlarged on bail in S.C.No.555/2022 pending before the LXIX Additional City Civil and Sessions Judge, Bengaluru (Crime No.194/2021 of Kamakshipalya Police Station), subject to following conditions: i) He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty - 6 - HC-KAR NC: 2025:KHC:31486 CRL.P No. 9464 of 2025 Thousand only) with two sureties for the like-sum to the satisfaction of the Jurisdictional Court. ii) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. iii) He shall not directly or indirectly tamper with the prosecution witnesses. iv) He shall not indulge himself in committing any offence. v) He shall appear before the Trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DH List No.: 1 Sl No.: 32