- 1 - HC-KAR NC: 2025:KHC:35997 CRL.P No. 11252 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11252 OF 2025 BETWEEN: TARUN T. @ CHOTA TARUN S/O THIMMEGOWDA AGED ABOUT 20 YEARS, R/AT #33, 3RD CROSS, 5TH MAIN, NEAR SAMEEPA BEKARY, NEW EXTENSION BYATARAYANAPURA, BENGALURU - 560 026. …PETITIONER (BY SRI. MANJUNATH M.R., ADVOCATE) AND: THE STATE OF KARNATAKA BY BYATARAYANAPURA P.S, BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001. …RESPONDENT (BY SRI. HARISH GANPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO THE HAS REJECTED THE BAIL PETITION ON ENLARGE THE PETITIONER ON BAIL IN CR.NO.75/2025 OF BYATARAYANAPURA POLICE STATION, BANGALORE REGISTERED FOR AN OFFENCES P/U/S 326(G), 351(3), 352 AND 238(B) OF BNS 2023 AS MENTIONED IN THE 1ST PAGE OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35997 CRL.P No. 11252 of 2025 CHARGE SHEET, WHICH IS PENDING BEFORE 46TH ACMM COURT, BANGALORE IN C.C.NO.18712/2025 THAT FOR THE REASONS STATED ABOVE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner - sole accused in Cr.No.75/2025 of Byatarayanapura police station, Bengaluru city registered for the offences punishable under Sections 326(g), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), has preferred this petition to enlarge him on bail. 2. Heard both sides and perused the materials on record. 3. Complaint is lodged by one Chenaram alleging that on 06.03.2025 at about 10.15 p.m., accused came to his cloth shop and after purchasing the clothes, he refused to pay the money and when he requested him to pay the money, he abused and threatened him by saying that he will set fire to his shop. Thereafter, at about 10.40 p.m., - 3 - HC-KAR NC: 2025:KHC:35997 CRL.P No. 11252 of 2025 he once again came to the shop holding a knife and tried to assault him. At that time, his parents took him out of the shop. It is further alleged that after the said incident, the complainant closed the shop. At about 01.40 a.m., on 07.03.2025, the building owner by name Chandrappa came and informed that someone has set fire to his shop. Immediately, he went to the shop and saw that the sealing, TV, wiring , furniture and some clothes in the shops were burnt. 4. Insofar as the incident took place on 06.03.2025, a separate case was registered against the petitioner in Cr.No.76/2025 of Byatarayanapura Police Station for the offence punishable under Sections 109, 329 (4), 351(3), 352 R/w 3(5) of BNS. It is submitted that in the said case, the petitioner has been enlarged on bail by the Sessions Court. 5. In the case on hand, allegations are that due to the previous incident, the petitioner has poured petrol and set fire to the complainant's shop etc. - 4 - HC-KAR NC: 2025:KHC:35997 CRL.P No. 11252 of 2025 6. It is contended by the learned counsel for the petitioner that the complaint was lodged against the petitioner only on suspicion and the statement of the alleged eye-witness by name Raviteja is recorded on 17.03.2025, after an inordinate delay. It is contended that the petitioner is innocent and he has been falsely implicated in the case. 7. Learned High Court Government Pleader contended that in view of the statement of Raviteja - CW2, there is a prima-facie case against the petitioner. He contended, petitioner is involved in one more case registered in Cr.No.338/2024, therefore, if he is released on bail, he may ones again commit similar offences. 8. A perusal of the complaint averment goes to show that in view of the previous incident, which took place on 06.03.2025, at 10.15/10.40 p.m., the complainant suspected that the fire was put to his shop by the petitioner on the early hours of 07.03.2025. According, to prosecution CW2 - Raviteja, is an eye witness, who - 5 - HC-KAR NC: 2025:KHC:35997 CRL.P No. 11252 of 2025 came near the shop along with the petitioner. The statement of the said witness is recorded after ten days i.e., on 17.03.2025. The veracity of the statement has to be tested during trial. The petitioner is in judicial custody from 12.04.2025. The investigation is completed and the charge sheet is also filed. Hence, by imposing suitable conditions, petitioner can be enlarged on bail. Hence, the following: ORDER Petition is allowed. Petitioner / sole accused in Crime No.75/2025 of Byatarayanapura Police Station, pending in C.C.No.18712/2025, before the learned 46th ACMM Court, Bangalore, shall be released on bail subject to following conditions: a) Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One - 6 - HC-KAR NC: 2025:KHC:35997 CRL.P No. 11252 of 2025 Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court; b) He shall not indulge himself in committing any offence. c) He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. If any of the conditions are violated, the prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BH CT:VS List No.: 1 Sl No.: 26