- 1 - HC-KAR NC: 2025:KHC:26389 CRL.P No. 8964 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8964 OF 2025 BETWEEN: SRI SAGAR .P @ AMRUTH SAGAR S/O. LATE P. PRABHAKAR, AGED ABOUT 25 YEARS, RESIDING AT NO.144, 2ND CROSS, 1ST MAIN ROAD, NEAR MOTTAPPA PARK, MANJUNATHANAGAR, RAJAJINAGAR, BENGALURU-560010. …PETITIONER (BY SRI PUNITH C., ADVOCATE FOR SRI LOKESH A., ADVOCATE) AND: STATE OF KARNATAKA BY BASAVESHWARANAGAR POLICE STATION REPRESENTED THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CRIME NO.414/2024 REGISTERED BY RESPONDENT BASAVESHWARA NAGAR POLICE, NOW CONVERTED AS SC.NO.250/2025 AND PENDING BEFORE LVI ADDL. CITY CIVIL AND SESSION JUDGE AT BENGALURU CITY (CCH-57), FOR THE OFFENCE P/U/S. 103(1) OF BNS ACT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26389 CRL.P No. 8964 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 Accused in S.C.No.250/2025 pending before the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru City arising out of Crime No.414/2024 registered by Basaveshwara Nagar Police Station, Bengaluru City, for the offence punishable under Sections 103(1) of BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.414/2024 was registered by Basaveshwara Nagar Police Station, Bengaluru City for the aforesaid offence against unknown person, on the basis of first information dated 22.10.2024 received from Sri Harish Kumar S/o Kumar, after the dead body of a unknown male was found. During the course of - 3 - HC-KAR NC: 2025:KHC:26389 CRL.P No. 8964 of 2025 investigation, the petitioner herein was arrested on 25.10.2024 and subsequently remanded to judicial custody. After completing investigation in the case charge sheet has been filed against the petitioner for the aforesaid offence. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.3601/2025 was dismissed on 12.06.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, the entire case of the prosecution is based on circumstantial evidence. FIR in the present case was registered against unknown person, after the dead body of a unknown male was found by the first informant. As per the charge sheet, deceased Ganesh Rao had abandoned his house and was staying on the road side and he was in the habit of begging and consuming alcohol. On - 4 - HC-KAR NC: 2025:KHC:26389 CRL.P No. 8964 of 2025 21.10.2024 at about 10.00 p.m, when the deceased after consuming alcohol was returning from Santhosh bar and restaurant, Ganesh Rao allegedly asked him to provide him liquor and when the petitioner refused he allegedly abused him using filthy language and therefore the petitioner had assaulted him with his hands, legs and subsequently also assaulted him with a tile and committed his murder. 6. The allegation found in the charge sheet against the petitioner is required to be proved in a full-fledged trial. Undisputedly, the petitioner has no criminal antecedents and he is in custody for the last more than 8 months. Trial in the case is yet to be commenced. 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. 7. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:26389 CRL.P No. 8964 of 2025 ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.250/2025 pending before the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru City arising out of Crime No.414/2024 registered by Basaveshwara Nagar Police Station, Bengaluru City, for the offence punishable under Sections 103(1) of BNS, 2023, subject to the following conditions: a) The petitioner 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; 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; - 6 - HC-KAR NC: 2025:KHC:26389 CRL.P No. 8964 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS