- 1 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9415 OF 2025 C/W CRIMINAL PETITION NO. 10044 OF 2025 IN CRL.P No. 9415/2025: BETWEEN: ANAND @ ALLU S/O PUSHPARAJ AGED ABOUT 26 YEARS RESIDING AT NO.19 5TH CROSS, NEAR MARIYAMMA TEMPLE, SWATANTRA NAGAR BASAVANAPURA, K.R. PURAM BENGALURU - 560 036. …PETITIONER (BY SRI A.S. KULKARNI, ADV.) AND: THE STATE OF KARNATAKA BY K.R. PURAM POLICE STATION BENGALURU - 560 036 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 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/ ACCUSED NO.2 ON BAIL IN K.R.PURAM P.S. CR.NO.87/2024 (S.C.NO.695/2024) FOR THE ALLEGED OFFENCE P/U/S 143,144,147,109,302,120B R/W 149 OF IPC ON THE FILE OF THE HONBLE XIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 IN CRL.P NO. 10044/2025: BETWEEN: RAGAVENDRA @ RAGHU S/O LATE NAGARAJ AGED ABOUT 35 YEARS RESIDING AT NO.136, 1ST MAIN 3RD CROSS, CHIKKADEVASANDRA K.R. PURAM, BENGALURU - 560 036. ...PETITIONER (BY SRI A.S. KULKARNI, ADV.) AND: THE STATE OF KARNATAKA BY K.R. PURAM POLICE STATION BENGALURU - 560 036. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 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 / ACCUSED NO.1 ON BAIL IN K.R PURAM P.S CR.NO.87/2024 (SESSIONS CASE NO.695/2024) FOR THE ALLEGED O/P/U/S 143,144,147,109,302,120B R/W 149 OF IPC, ON THE FILE OF THE HONBLE XIII ADDL.CITY CIVIL AND SESSIONS JUDGE, AT MAYOHALL, BENGALURU (CCH-22). THESE PETITIONS, 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 and 2 in S.C.No.695/2024 pending before the Court of XIII Addl. City Civil & Sessions Judge, - 3 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 Bengaluru arising out of Crime.No.87/2024 registered by K.R.Puram Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 109, 302, 120B read with 149 of IPC are before this Court under Section 483 of BNSS, 2023 in these two petitions seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.87/2024 was registered by K.R.Puram Police Station, Bengaluru City initially for the offences punishable under Sections 302, 120B R/w 149 of IPC against Raghavendra and others on the basis of the first information dated 01.02.2024 received from Sri H Sandeep, who is the relative of deceased Darshan Murthy. During the course of investigation, the petitioners were arrested on 02.02.2024 and 07.02.2024 respectively and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against eight persons and the petitioners herein are arraigned as accused Nos.1 and 2 in the charge sheet. - 4 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 4. The bail application filed by the petitioners before the jurisdictional Sessions Court was rejected. Therefore, accused No.2 had approached this Court in Crl.P.No.11782/2024, which was dismissed as withdrawn by the coordinate bench of this Court on 15.11.2024 with liberty to file a fresh petition before the Trial Court, after examination of the material charge sheet witnesses is completed. Subsequently, accused No.2 had filed Crl.Misc.No.25446/2025 before the Trial Court, which was dismissed on 25.06.2025. Accused Nos.1, 3 and 4 had filed fresh bail application before the Trial Court in Crl.Misc.No.25423/2025 which was rejected on 20.06.2025. Therefore, accused Nos.1 and 2 are before this Court in these successive bail applications. 5. Learned counsel appearing for petitioners submits that CW.2 and CW.3, who are alleged eye witnesses to the incident in question have been examined before the Trial Court and they have turned hostile to the case of the prosecution. Accused Nos.3 and 4 have been - 5 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 enlarged on bail by this Court in Crl.P.No.8945/2025 disposed of on 14.07.2025. Accordingly, he prays to allow the petitions. 6. Per contra, the learned HCGP who has opposed the bail applications however does not dispute the submission made by the learned counsel for the petitioners. 7. FIR in the present case was registered against Raghavendra and seven others initially for the offence punishable under Sections 302, 120B R/w 149 of IPC. After completing investigation, charge sheet has been filed in the present case against eight persons. The petitioners herein are arraigned as accused Nos.1 and 2 in the charge sheet. The bail application filed by accused No.2 before this Court in Crl.P.No.11782/2024 was dismissed as withdrawn before the coordinate bench of this Court on 15.11.2024 with liberty to accused No.2 to file a fresh petition before the Trial Court, after examination of the material charge sheet witnesses is completed. - 6 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 8. According to the prosecution CW.2 and CW.3 are the alleged eye witnesses to the incident in question in which accused had committed the murder of Darshanmurthy. CW.2 and CW.3 have been examined before the Trial Court as PW.2 and PW.3. According to learned counsel for the petitioner, CW.2 and CW.3 have turned hostile to the case of the prosecution. The said submission is not seriously opposed by the learned HCGP. Out of the 34 charge sheet witnesses cited in the present case only five witnesses have been examined till date as PW.1 to PW.5. 9. Perusal of the material on record would go to show that, all the material charge sheet witnesses have been examined. Therefore, there cannot be any apprehension that in the event the petitioners are enlarged on bail, they may tamper with the material prosecution witnesses. Accused Nos.3 and 4 have been granted regular bail by this Court under similar - 7 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 circumstances. Undisputedly, the petitioners do not have criminal antecedents. 10. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 11. Accordingly, the following: ORDER The Criminal Petitions are allowed. The petitioners / accused Nos.1 and 2 are directed to be enlarged on bail in S.C.No.695/2024 pending before the Court of XIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime.No.87/2024 registered by K.R.Puram Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 109, 302, 120B read with 149 of IPC, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the - 8 - HC-KAR NC: 2025:KHC:27386 CRL.P No. 9415 of 2025 C/W CRL.P No. 10044 of 2025 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; 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