- 1 - HC-KAR NC: 2025:KHC:27105 CRL.P No. 9758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9758 OF 2025 BETWEEN: MANU C.S S/O SURESH AGED ABOUT, 19 YEARS CHANNENAHALLI, VILLAGE GUBBI TALUKU TUMKUR-DISTRICT - 572 213. …PETITIONER (BY SRI HONNESHA B.R, ADV.) AND: STATE BY KUNIGAL POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 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 RELEASE HIM ON BAIL, WHO IS THE ACCUSED NO.4, IN CR.NO.225/2025 ON THE FILE OF THE RESPONDENT KUNIGAL POLICE STATION, NOW PENDING ON HONBLE SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL, TUMAKURU FOR THE OFFENCES P/U/S 103, 238, 310(3), 249, 140(1), 308(2), 61 OF BNS ACT 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27105 CRL.P No. 9758 of 2025 ORAL ORDER Accused No.4 in Crime No.225/2025 registered by Kunigal Police Station, Tumakuru, for offences punishable under Sections 103, 238, 310(3), 249, 140(1), 308(2) and 61 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. FIR in Crime No.225/2025 was registered by Kunigal Police Station, Tumakuru, initially for offence punishable under Sections 103 and 238 of BNS, 2023 against Surya and his friend. 4. During the course of investigation, the petitioner was arrested on 14.05.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.949/2025 was rejected on 08.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:27105 CRL.P No. 9758 of 2025 5. Learned Counsel for the petitioner submits that the allegation against the petitioner and accused nos.3 and 7, who have been granted regular bail by this Court are similar. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition, however does not dispute the submission made by learned counsel for the petitioner. 7. FIR in the present case has been registered against accused based on the first information submitted by Savitha T D, who is sister of deceased Nagesh. In the first information, it is stated that after the dead body of her brother Nagesh was found, initially UDR case was registered in UDR No.20/2025. During the course of investigation, the CCTV footage inside the shop of the deceased was secured and it was found in the said CCTV footage that accused No.1 and his friend had strangulated the neck of Nagesh and committed his murder on the - 4 - HC-KAR NC: 2025:KHC:27105 CRL.P No. 9758 of 2025 intervening night of 10.05.2025 and 11.05.2025. It is under these circumstances, FIR was initially registered against accused No.1 Surya and his friend. 8. It is not in dispute that the petitioner was not present at the spot of crime on the alleged date of incident. The allegation against him is that he had conspired with other accused persons to commit the murder of deceased. Undisputedly, the petitioner has no criminal antecedents. Major portion of the investigation is completed. Accused Nos.1 and 2 who have allegedly committed the murder of deceased have been arrested and they are in custody. Accused nos.3 and 7, as against whom similar allegations are made have been granted regular bail by this Court in Crl.P.No.8405/2025 C/w 8448/2025. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- - 5 - HC-KAR NC: 2025:KHC:27105 CRL.P No. 9758 of 2025 ORDER The petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.225/2025 registered by Kunigal Police Station, Tumakuru, for offences punishable under Sections 103, 238, 310(3), 249, 140(1), 308(2) and 61 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute 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; 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:27105 CRL.P No. 9758 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 NMS