- 1 - HC-KAR NC: 2025:KHC:28163 CRL.P No. 9261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9261 OF 2025 BETWEEN: 1. BEERESH KUMAR M S/O MANJUNATHA AGED ABOUT 37 YEARS R/AT KUMBALAHALLI VILLAGE KASABA HOBLI, HOSKOTE TALUK BENGALURU DISTRICT KARNATAKA - 562 114. 2. NAGESH A @ KAKA S/O LATE KRISHNAPPA AGED ABOUT 37 YEARS R/AT KUMBALAHALLI VILLAGE KASABA HOBLI, HOSKOTE TALUK BENGALURU DISTRICT KARNATAKA - 562 114. 3. AMBARISHA M S/O MUNIRAJU AGED ABOUT 36 YEARS R/AT KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK BENGALURU DISTRICT KARNATAKA - 562 114. 4. SANTHOSH @ SANTOSHA KUMAR S/O LATE RAMASWAMY AGED ABOUT 31 YEARS R/AT KUMBALAHALLI VILLAGE KASABA HOBLI, BENGALURU DISTRICT, KARNATAKA - 562 114. …PETITIONERS (BY SRI RAKSHITH R, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28163 CRL.P No. 9261 of 2025 AND: THE STATE OF KARNATAKA BY NANDAGUDI PS REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.26/2025 OF NANDAGUDI P.S FOR O/P/US/ 149,201,302,364,143,120B IPC PENDING ON THE FILE OF II ADDL.CIVIL JUDGE AND JMFC, HOSAKOTE, BENGALURU RURAL IN CC NO.3051/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 4 in Crime.No.26/2025 registered by Nandagudi Police Station, Bengaluru District for the offences punishable under Sections 120B, 201, 364, 302 & 143 R/w 149 of IPC are before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.26/2025 was registered by Nandagudi Police Station, Bengaluru District initially for the offences punishable under Sections 120B, 201, 364 & - 3 - HC-KAR NC: 2025:KHC:28163 CRL.P No. 9261 of 2025 302 R/w 149 of IPC against the petitioners herein and others, on the basis of the first information dated 25.02.2025 submitted by Sri Subramani V, Police Officer attached to Nandagudi Police Station. During the course of investigation of the said case, the petitioners herein were arrested on 25.02.2025 and subsequently remanded to judicial custody. After completing investigation in the case, charge sheet has been filed against nine persons and the petitioners herein are arrayed as accused Nos.1 to 4 in the charge sheet. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.1051/2025 was rejected on 27.06.2025. Therefore, they are before this Court. 5. Perusal of the material on record would go to show that, FIR in Crime No.123/2023 was registered by Nandagudi Police Station on 02.07.2023 on the basis of first information received from the mother of the deceased Battesh, who is the alleging that Battesh was found - 4 - HC-KAR NC: 2025:KHC:28163 CRL.P No. 9261 of 2025 missing from 20.06.2023 onwards. It appears that, separate FIR in Crime No.139/2023 was registered on 15.07.2023 by the very same Police Station for the offences punishable under Sections 323, 324, 504 & 506 of IPC against accused No.1 herein, based on the first information once again submitted by the mother of Battesh alleging that on 15.06.2023 her son Battesh was assaulted by accused No.1 about one month earlier. 6. It appears that during the course of investigation, in Crime No.123/2023 and Crime No.139/2023, the investigation Officer had arrested accused No.1 on 25.02.2025, who allegedly had confessed that he along with other accused had committed the murder of Battesh on 17.06.2023 and disposed of his dead body. Based on the confession statement of accused No.1, accused Nos.2 to 4 were also arrested on 25.02.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been now filed against accused Nos.1 to 9. The entire case of the - 5 - HC-KAR NC: 2025:KHC:28163 CRL.P No. 9261 of 2025 prosecution is based on circumstantial evidence. The dead body of the deceased Battesh has not been recovered in the present case. 7. It appears that Anugondanahalli Police Station, Bengaluru Rural District had registered a case under Section 174 of Cr.P.C, in UDR No.11/2023, after the dead body of the deceased Battesh was found within the jurisdiction of Anugondanahalli Police Station. The dead body of Battesh was subsequently cremated and the UDR case was closed. Insofar as the present case is concerned, investigation has been already completed. FIR was registered in the present case, based on the alleged confession statement of accused No.1, who was taken to custody during the course of investigation in Crime No.139/2023. Under these circumstances, I am of the opinion that, the petitioner's prayer for grant of regular bail requires to be answered affirmatively. 8. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:28163 CRL.P No. 9261 of 2025 ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime.No.26/2025 registered by Nandagudi Police Station, Bengaluru District for the offences punishable under Sections 120B, 201, 364, 302 & 143 R/w 149 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 7 - HC-KAR NC: 2025:KHC:28163 CRL.P No. 9261 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS