- 1 - HC-KAR NC: 2026:KHC:26080 CRL.P No. 3060 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.3060 OF 2026 BETWEEN: SANTHOSH KUMAR @ SANTHU, S/O SAMPANGI, AGED ABOUT 25 YEARS, R/A NO.58, AMBEDKAR NAGARA, HARIJANA COLONY, SRIRAMPURA, BENGALURU - 560 021. …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: THE STATE OF KARNATAKA, BY JAGAJEEVANRAM NAGAR POLICE STATION, BENGALURU - 560 026, REPRESENTED BY ITS S.P.P., HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.RASHMI JADHAV., ADDL. S.P.P.) THIS CRL.P. IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION, ENLARGING THE PETITIONER ACCUSED NO.3 ON REGULAR BAIL IN CR.NO.99/2025 DATED 14.06.2025 OF JAGAJEEVANRAM NAGAR P.S., BENGALURU, FOR THE OFFENCES 103 R/W 3(5) OF BNS IN CC.NO.33840/2025 ON THE FILE OF THE 46th ACJM, BENGALURU NOW PENDING IN SC.NO.1341/2025 ON THE FILE OF CCH-59 LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26080 CRL.P No. 3060 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in S.C.No.1341/2025 pending before the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime.No.99/2025 registered by Jagajeevanram Nagar Police Station, Bengaluru for the offences punishable under Section 103 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Addl. SPP on behalf of the respondent-State. 3. FIR in Crime.No.99/2025 was registered by Jagajeevanram Nagar Police Station, Bengaluru for the aforesaid offences against accused No.2 and others. During the course of investigation, the petitioner was arrested on 15.06.2025 and remanded to judicial custody. After completing the investigation, charge sheet has been - 3 - HC-KAR NC: 2026:KHC:26080 CRL.P No. 3060 of 2026 filed against eight persons and petitioner herein is arrayed as accused No.3 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.11399/2025 was rejected on 02.02.2026. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition, submits that the allegations against accused Nos.1 to 5 in the charge sheet are similar to allegation found against accused Nos.4 and 5, who have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.17341/2025 disposed of on 14.01.2026. In the earlier criminal cases which were registered against the petitioner for the offences punishable under Sections 399 and 402 of IPC, the petitioner has been enlarged on bail. Accordingly, he prays to allow the petition. 6. Per contra, the learned Addl.SPP has opposed the petition and submits that the petitioner is a person - 4 - HC-KAR NC: 2026:KHC:26080 CRL.P No. 3060 of 2026 with criminal antecedents and he has played a vital role in committing the crime. She submits that in the event the petitioner is enlarged on bail, he is likely to tamper the prosecution witnesses and accordingly, she prays for dismissal of the petition. 7. The material on record would go to show that the FIR in the present case was registered against Deepu, Arun and others. Undisputedly, the petitioner's name is not found in the FIR. During the course of investigation, the petitioner was arrested on 15.06.2025 and was remanded to judicial custody. In the charge-sheet, which is subsequently filed, the petitioner is arrayed as accused No.3. As per the charge sheet allegations accused persons had ill-will against the deceased-Vijay@Viji who was a rowdy sheeter and was involved in a murder case. After he was released on bail in the said case, the accused persons had conspired to commit his murder and in furtherance of such conspiracy, on 14.06.2025, accused Nos.1 to 5 who were armed with deadly weapons chased - 5 - HC-KAR NC: 2026:KHC:26080 CRL.P No. 3060 of 2026 the deceased-Vijay and had assaulted him with deadly weapons. As a result of injuries sustained, Vijay had died. 8. The entire case of the prosecution is based on circumstantial evidence. Allegation of assaulting deceased- Vijay with deadly weapons is found in the charge sheet as against accused Nos.1 to 5. Accused Nos.4 and 5 have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.17341/2025. Accused No.4 who has been granted regular bail in Crl.P.No.17341/2025 was also a rowdy sheeter involved in multiple criminal cases. So far as petitioner is concerned, he is allegedly involved in two criminal cases. In the said cases he has been enlarged on bail. The Hon'ble Supreme Court in the case of Prabhakar Tewari vs. State of Uttar Pradesh and Another reported in (2020) 11 SCC 648, has held that the antecedents of the accused cannot be a criteria for denying bail to him, if he is otherwise found entitled for the same. Since accused Nos.4 and 5 as against whom similar allegations are found in the charge sheet, have - 6 - HC-KAR NC: 2026:KHC:26080 CRL.P No. 3060 of 2026 been granted regular bail in Crl.P.No.17341/2025 disposed of on 14.01.2026, I am of the opinion that this petitioner is also entitled for grant of bail on the ground of parity. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner-accused No.3 is directed to be enlarged on bail in S.C.No.1341/2025 on the file of the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime.No.99/2025 registered by Jagajeevanram Nagar Police Station, Bengaluru for the offences punishable under Section 103 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2026:KHC:26080 CRL.P No. 3060 of 2026 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in commission of any offence. If petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (S VISHWAJITH SHETTY) JUDGE SMJ List No.: 1 Sl No.: 60