- 1 - HC-KAR NC: 2025:KHC:51569 CRL.P No. 14275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14275 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI BABU GANDHI ALIAS BABU AGEDABOUT 24 YEARS R/A NO.443, PAPPAIAH REDDY BUILDING 1ST CROSS, NEAR SHILPA ENTERPRISES MARATHAHALLI, BANGALORE - 37. …PETITIONER (BY SRI. BENIGN J L PRASAD., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH HALASURU POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51569 CRL.P No. 14275 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.75/202 REGISTERED BY HALASURU POLICE FOR THE ALLEGED OFFENCES UNDER SECTIONS 302, 120(b) READ WITH 34 OF IPC REGISTERED ON 13.04.2022 WHICH IS PRESENTLY PENDING TRIAL BEFORE THE HONBLE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT (CCH-29) BENGALURU ON THE FILE OF THE SC NO.1421/2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 439 of Cr.PC praying to grant bail in Crime No.75/2022 of Halasur Police Station registered for the offences punishable under Sections 302, 120(b) read with 34 of IPC pending in SC No.1421/2022 on the file of the learned 28th Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. - 3 - HC-KAR NC: 2025:KHC:51569 CRL.P No. 14275 of 2025 3. The learned counsel for petitioner would contend that, the case of prosecution is based on circumstantial evidence. The prosecution has already examined seven witnesses, and they have not supported the case of the prosecution. Accused Nos.2 to 5, who have taken active part in the commission of crime, have been granted bail. The petitioner is in judicial custody since last three years eight months. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the present petitioner/accused No.1 is a mastermind and he conspired with other accused to commit robbery and murder in the house of deceased. The trial is in progress. If the petitioner is granted bail, there are chances of he threatening the remaining prosecution witnesses. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:51569 CRL.P No. 14275 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. FIR in the present case was registered against unknown persons. During the course of investigation, five persons were arrested and after completing investigation, charge sheet has been filed against them for the aforesaid offence. In the charge sheet, it is alleged that accused No.1 was working with the deceased Jude Theddaus and he had conspired with accused Nos. 2 to 5 to commit the murder of Jude Theddaus and rob his house. In furtherance of the aforesaid conspiracy, on the alleged date of incident, accused Nos. 2 to 5 had entered into the house of deceased and had committed his murder and thereafter had escaped from the spot along with sum of Rs.4,000/- and also a mobile phone of the deceased. 7. The allegation against the petitioner/accused No.1 is that, he conspired with accused Nos.2 to 5 to - 5 - HC-KAR NC: 2025:KHC:51569 CRL.P No. 14275 of 2025 commit robbery in the house of deceased. The petitioner was not present on the spot at the time of incident. Accused Nos.2 to 5, who have taken part in commission of robbery and murder, have been granted bail by this Court. The prosecution has already examined seven witnesses, and they have not supported the case of prosecution. There are no criminal antecedents of the petitioner. The petitioner is in judicial custody since the last three years eight months. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in SC No.1421/2022 (Crime No.75/2022 of Halasur Police Station) pending on the file of the learned 28th Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru subject to following conditions. - 6 - HC-KAR NC: 2025:KHC:51569 CRL.P No. 14275 of 2025 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co- operate for speedy disposal of the case. d) The petitioner shall not commit any offence. If he is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6