- 1 - HC-KAR NC: 2025:KHC:29824 CRL.P No. 10370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10370 OF 2025 BETWEEN: MR. ABHISHEK S. S/O SIDDARAJU, AGED ABOUT 20 YEARS, R/AT NO.MA - 22, 1ST MAIN, NEAR ABHAYA ANJANEYA TEMPLE, AVALAHALLI, GIRINAGARA, BENGALURU-560 085. …PETITIONER (BY SRI. RAKESH S.N., ADVOCATE FOR SRI. NARAYANA SWAMY G., ADVOCATE) AND: THE STATE OF KARNATAKA BY BANASHANKARI POLICE STATION, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO A. ENLARGE THE PETITIONER ON BAIL IN CONNECTION TO THE CRIME NO.101/2025 IN CC.NO.21189/2025 PREFERRED BY THE JURISDICTIONAL BANASHANKARI POLICE STATION AND PENDING BEFORE THE II ACJM, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61, 189(2), 189(4), 191(2), 191(3), 103(1), 190 OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29824 CRL.P No. 10370 of 2025 THE BHARATIYA NYAYA SANHITA, 2023 AND 25(1-B) (H), 4 OF ARMS ACT-1959; B. THE PETITIONER IS READY AND WILLING TO ANY SUCH CONDITIONS IMPOSED ON HIM IN THE EVENT THE PETITIONER IS ENLARGED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, 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 filed by accused No.7, to enlarge him on bail in Crime 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. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. It is the case of prosecution that there was a quarrel between accused No.1, his friend CWs.5, 9 to 11, on 25.03.2025 at about 1.00 – 1.30 p.m., in the said quarrel CWs.9 to 11 had assaulted accused No.1 and his - 3 - HC-KAR NC: 2025:KHC:29824 CRL.P No. 10370 of 2025 friend CW.5 and also insulted him. CW.5 was admitted at KIMS Hospital for treatment. Hence, accused No.1 was nurturing ill-will against CW.9 and his friends. 4. On 31.03.2025 at about 7.00 – 7.30 p.m., the accused persons assembled near one MVR Bar, 7th Block, Jayanagar. They conspired to commit the murder of CW.9 and his associates. The accused armed with long, chopper and knives went in search of CW.9 and came near 1st and 2nd Cross junction of A.K. Colony, Yediyur, 7th Block, Jayanagar. Accused Nos.5 to 7 stood guard near the junction. The deceased Nikhil who was sleeping in a Tata Ace vehicle on seeing the accused, due to fear started running away. At that time, thinking that he is one of the Associate of CW.9, accused Nos.1 and 3 chased and assaulted him with the weapons they were carrying, on his head and other parts of the body and committed his murder. As per Post Mortem Report, deceased has sustained 10 injuries. Cause of death is due to head injury associated with other injury sustained. - 4 - HC-KAR NC: 2025:KHC:29824 CRL.P No. 10370 of 2025 5. FIR is registered against 5 to 6 unknown persons on a complaint lodged by one Krishna R., under whom the deceased, was working as a driver in his Tata Ace Goods vehicle. He has stated in the complaint that on 31.03.2025 at about 7.30 p.m., when he went near the Tata goods vehicle, he saw 5 to 6 persons wearing mask coming from the side of Durgaparameshwari Temple. Being scared, he fled from the spot and after 15 minutes, one Bharath telephoned 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 injuries all over. 6. During the course of investigation, the statement of an eyewitness – CW.4 is recorded on 24.04.2025. He has stated that on 31.03.2025 at about 7.00 p.m., while he was in Manjunath Bar, the accused persons came to the said bar in search of Kantha – CW.9 and they were six in number. As per the said statement, - 5 - HC-KAR NC: 2025:KHC:29824 CRL.P No. 10370 of 2025 the petitioner is one of the accused who came in search of CW.9. 7. The learned counsel for petitioner, drawing the attention of the Court to the statement of CW.4 recorded under Section 183(5) of BNSS, contended that the petitioner has not been named in the said statment. It is stated therein that accused Nos.1 to 3 and three others had come to the bar in search of CW.9. 8. A perusal of the charge sheet allegations goes to show that accused Nos.1 to 3 were armed with weapons and assaulted the deceased. The role attributed to the present petitioner is that he, along with accused Nos.5 and 6, was guarding at a distance near the junction. 9. Petitioner was arrested on 02.04.2025. Investigation is completed and charge sheet is filed. The allegations against the petitioner have to be established during trial. Considering that there are no specific overt acts attributed to the petitioner to show that he was either - 6 - HC-KAR NC: 2025:KHC:29824 CRL.P No. 10370 of 2025 armed or assaulted the deceased and also considering that his name is not mentioned by the eyewitness in the statement recorded under Section 183(5) of BNSS, he can be released on bail by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.7 in Crime No.101/2025 of Banashankari Police Station, pending in C.C.No.21189/2025 on the file of the Court of II ACJM, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in 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 - 7 - HC-KAR NC: 2025:KHC:29824 CRL.P No. 10370 of 2025 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. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 43