- 1 - HC-KAR NC: 2026:KHC:23492 CRL.P No. 4147 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 4147 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: NISHANTH A L, S/O LOKESH, AGED ABOUT 21 YEARS, R/AT NO.31, 8TH CROSS, KARIMARIYAMMA TEMPLE ROAD, ULLALU UPANAGAR, BENGALURU – 560 056. …PETITIONER (BY SRI. SHARADA C., ADVOCATE) AND: THE STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION, BENGALURU REPRESENTED BY Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23492 CRL.P No. 4147 of 2026 STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.238/2026 (CR.NO.405/2025) OF RESPONDENT JNANABHARATHI POLICE FOR THE ALLEGED OFFENCES PUNISHABLE U/S.103(1), 115(1), 118(1), 351(2), 3(5) OF THE BHARATIYA NYAYA SANHITHA (BNS), 2023, PENDING ON THE FILE OF THE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH:64). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:23492 CRL.P No. 4147 of 2026 ORAL ORDER The petitioner/accused No.3 is before this Court seeking for grant of regular bail in Crime No.405/2025 of respondent- police for the offence under Sections 103(1), 115(1), 118(1), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that the complainant is residing in the address as stated in the cause-title in a rented house since for the past 1½ years along with her two sons. The deceased was her second son. She was working as a Tailor in Darshan Creation Garments. It is further stated that the deceased Deepak Raj was working as a delivery boy at Blinkit and she purchased a two-wheeler Activa Vehicle bearing registration No.KA-05-LL-6804, to her son for his work purpose. 3. On 07.09.2025, it was holiday to her son. Therefore, her son decided to go to her aunt’s house. He went there, the complainant was informed about the arrival of her son to the said house over the phone. The complainant after - 4 - HC-KAR NC: 2026:KHC:23492 CRL.P No. 4147 of 2026 finishing her work, came back to her house in the evening around 05.30 p.m. She called her son over the phone and asked his whereabouts. However, she was informed that he was at Mallathahalli and he would be back within half an hour. On the same day around 12 in the midnight, both of her sons came to her house. However, they had sustained injuries and informed her that they fell down in the scooter. Later, on 08.09.2025, in the morning 9 O’ clock, the complainant asked her son to have breakfast. However, he was not in a position to eat the breakfast and he was continuously started vomiting. Immediately, he was shifted to hospital. However, he died in the hospital. Hence the complaint. The respondent-Police conducted investigation and submitted charge sheet. 4. Heard Sri. T.Prakash, learned counsel for the petitioner and Sri.Harish Ganapathy, learned High Court Government Pleader for respondent-State. 5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been arraigned as accused No.3 in the charge sheet. However, his name was not found a place in the FIR or - 5 - HC-KAR NC: 2026:KHC:23492 CRL.P No. 4147 of 2026 in the complaint. The overt act against the petitioner is that he had assaulted the deceased on the vital part of the body with a dragger. However, the Co-ordinate Bench of this Court granted bail to the similarly placed accused No.2. Therefore, the same parity may be extended to the present petitioner. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner and others were having intention to commit the murder of the son of the complainant on account of previous enmity. There are two eyewitnesses. One of the eyewitnesses is the brother of the deceased and he had also been sustained injuries in the said incident. If the petitioner is enlarged on bail, there may be chances of threatening the prosecution witnesses and there may be chances of absconding. Hence, it is not appropriate to grant him bail. Making such submissions, learned HCGP prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the charge sheet. It appears from the - 6 - HC-KAR NC: 2026:KHC:23492 CRL.P No. 4147 of 2026 record that the complainant had learnt that two persons had assaulted her younger son and caused injuries. However, the present petitioner is arraigned as accused No.3. It also appears that he has been included in the charge sheet on the voluntary statement of other accused. It is the submission of learned High Court Government Pleader that the petitioner has no criminal antecedents. Having considered that the petitioner has no criminal antecedents and he is aged about 21 years, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.405/2025 of respondent-police for the offence under Sections 103(1), 115(1), 118(1), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one - 7 - HC-KAR NC: 2026:KHC:23492 CRL.P No. 4147 of 2026 surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not indulge in any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 25