- 1 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11797 OF 2025 BETWEEN: JAYANTH GOWDA S. S/O SHIVAKUMAR K.A., AGED ABOUT 21 YEARS, R/A. NO.21, 1ST MAIN, 2ND CROSS, MANJUNATHA NAGARA, ITTAMADU, BANASHANKARI 3RD STAGE, BENGALURU-560 085. …PETITIONER (BY SRI. RANGANATH REDDY, ADVOCATE) AND: STATE OF KARNATAKA THE STATION HOUSE OFFICER, BANASHANKARI P.S., BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, (HIGH COURT OF KARNATAKA) PIN CODE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ORDER THE PETITIONER TO BE ENLARGED ON BAIL IN CRIME NO.101/2025 REGISTERED BY BANASHANKARI Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 P.S., AND THE SAME IS CHARGE SHEET AND NUMBERED AS C.C.NO.21189/2025 PENDING BEFORE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, FOR OFFENCES PUNISHABLE UNDER SECTION 61, 189(2), 189(4), 191(2), 191(3), 103(1), 190 OF BNS AND UNDER SECTION 25(1-B)(h), 4 OF ARMS ACT, 1959. 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, the learned High Court Government Pleader for State and perused the material on record. 2. This petition under Section 483 of BNSS, 2023 is filed by accused No.4, to enlarge him on bail in Cr.No.101/2025 of Banashankari Police Station, Bengaluru City, registered for the offence punishable under Section 189(2), 191(2), 191(3), 103(1) and 190 of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 3. The aforementioned FIR came to be registered on a complaint lodged by one Krishna R. S/o Late Ramakrishna against 5-6 unknown persons. In the course of investigation, accused were arrested. Petitioner was arrested on 2.4.2025. On completion of investigation, chargesheet is filed against accused Nos.1 to 8 for the offence punishable under Section 189(2), 189(4), 191(2), 191(3), 103(1), 190 of BNS, 2023 and Section 25(1-B)(h) and Section 4 of the Arms Act, 1959. 4. It is the case of prosecution that on 25.3.2025, at about 1.00 to 1.30 a.m., accused No.1, his friend CW5 had a quarrel with CWs.9 to 11 and their associates. In the said quarrel, CWs.9 to 11 had assaulted accused No.1 and his friend CW.5. CW5 was admitted at KIMS hospital for treatment. Hence, accused No.1 was harboring animosity against CW.9 and his friends. 5. In this background, accused No.1 and accused No.3 conspired with other accused persons to commit the - 4 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 murder of CW9 and his associates. On 31.3.2025, at about 7.00-7.30 p.m., the accused persons assembled near one M.B.R Bar/Kabab Magic situated at Jayanagar 7th Block, armed with deadly weapons like long, chopper and knives. They came near 1st and 2nd cross junction of A.K.Colony, Yediyur, 7th Block, Jayanagar, in search of CW9. At that time, deceased by name Nikhil was sleeping in a Tata Ace vehicle. On seeing the accused, armed with weapons, he got frightened and started running away. The accused, thinking that he is CW9, chased and assaulted him with the weapons they were carrying and committed his murder. 6. The learned High Court Government Pleader contended that petitioner was also armed with a weapon at the time of incident and he being a member of an unlawful assembly, which had the common object of committing the murder of CW9 and his associates is not entitled for bail. He contended that from accused Nos.2 and 4, blood stained machu and knife have been - 5 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 recovered. He further contended, if the petitioner is released, he may threaten the prosecution witnesses and hamper the case of prosecution. 7. Learned counsel for petitioner contended that, as per chargesheet allegations, the specific overt acts of assaulting the deceased is against accused Nos.1 to 3. As contended by the prosecution, no weapon has been recovered from the exclusive possession of the petitioner. On the other hand, as per mahazar, machu and knife are recovered from accused No.2. He contended that the petitioner is innocent and he has been falsely implicated and similarly placed accused Nos.5 and 7 are already granted bail. Therefore, sought to allow the petition. 8. FIR is registered against 5-6 unknown persons on a complaint lodged by Krishna R., under whom deceased Nikhil was working as a driver. As per complaint averments, on 31.3.2025, at about 7.30 p.m., he saw 5-6 persons, wearing masks coming from the side - 6 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 of Durgaparameshwari Temple holding weapons. Being scared, he fled from the scene and after 15 minutes, one Bharath telephoned to him and informed that his driver Nikhil has been murdered. Therefore, he went to the spot, wherein he saw the dead body of Nikhil lying with bleeding injures all over the body. 9. Statement of a witness by name Anand-CW4 has been recorded under Section 183(5) of BNSS. As per his statement, on 31.3.2025, at about 7.00 p.m., while he was in Manjunath Bar, accused came to the said bar in search of CW9 and they were six in number. He has specifically named accused Nos.1 to 3. 10. A perusal of the chargesheet goes to show that it is accused Nos.1 to 3, who assaulted the deceased with the weapons like long and chopper. 11. As per post mortem report, deceased has sustained 10 injuries. Death is due to head injury associated with injuries sustained. - 7 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 12. The specific overt acts of assaulting the deceased is attributed against accused Nos.1 to 3. Even in the statement of CW4 recorded under Section 183(5) of BNSS, he has mentioned the names of accused Nos.1 to 3. Petitioner has not been named by him. As per prosecution, petitioner was also armed. But, mahazar shows blood stained chopper and a knife were recovered at the instance of accused No.2, who alleged to have confessed that the said weapon was given to him by this petitioner. 13. Similarly placed accused No.7 is enlarged on bail by this Court vide order dated 1.8.2025 in Crl.P.No.10370/2025 and accused No.5 is enlarged on bail by the Sessions Court vide order dated 18.8.2025 in Crl.Misc.No.6643/2025. Investigation is completed and chargesheet is filed. Hence, by imposing conditions, petitioner can be enlarged on bail. Accordingly, the following: - 8 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 ORDER I. Petition is allowed. II. Petitioner/accused No.4 in Crime No.101/2025 of Banasankari Police Station, Bengaluru, pending in CC No.21189/2025 on the file of the Court of II ACJM, 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. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 9 - HC-KAR NC: 2025:KHC:34120 CRL.P No. 11797 of 2025 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.: 47