- 1 - HC-KAR NC: 2026:KHC:29084 CRL.P No. 5292 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5292 OF 2026 BETWEEN: THIMMARAJU M. @ THIMMA S/O LATE MUNIRAJU AGED ABOUT 21 YEARS R/AT 2ND BHOVIPALYA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE DISTRICT - 562 110. …PETITIONER (BY SRI HARISH KUMAR H.C, ADV.) AND: STATE OF KARNATAKA BY VISHWANATHAPURA P.S. REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL, IN CRIME NO. 251/2024 OF VISHWANATHAPURA POLICE STATION, BANGALORE, WHICH IS REGISTERED FOR THE OFFENCES UNDER SECTION 103(1), 352 R/W 3(5) OF BHARATIYA NYAYA SANHITA ACT-2023 WHICH IS PENDING BEFORE THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL, SITTING AT DEVANAHALLI, IN S.C. NO. 15039/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29084 CRL.P No. 5292 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.15039/2025 pending before the Court of V Additional District and Sessions Judge, Bengaluru Rural, sitting at Devanahalli, arising out of Crime No.251/2024 registered by Vishwanathapura Police Station, Bengaluru District, for the offences punishable under Section 103(1), 352 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.251/2024 was registered by Vishwanathapura Police Station, Bengaluru District, for the aforesaid offences against Govindaraju and others. Petitioner, who was arrayed as accused No.3 in the FIR was arrested on 22.11.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the Trial Court in SC - 3 - HC-KAR NC: 2026:KHC:29084 CRL.P No. 5292 of 2026 No.15039/2025 was rejected on 27.03.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is inconsistency in the statement of CW1 to CW3, who are the alleged eye witnesses in the present case. Their presence at the spot of crime is doubtful. Petitioner is in custody from 22.11.2024. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that CW1 to CW3 have clearly stated about the involvement of the petitioner in the crime and specific overt acts are alleged against him. Deceased had suffered six injuries as a result of assault made by accused persons. Call Detail Records of the accused persons would reveal that they were very much present near the area where the crime was committed on the alleged date of incident. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:29084 CRL.P No. 5292 of 2026 6. FIR in the present case was submitted by Nagaraju B P, who is one of the alleged eyewitnesses in the present case. It is under these circumstances, FIR was registered against four persons, who are now charge sheeted for the alleged offences. In the charge sheet, it is alleged that accused persons had ill- will against deceased Srinivas in the background of their fight, which had taken place during immersion of Ganesha idol. It is in this background, on 21.11.2024, accused Nos.1 to 4, who were armed with deadly weapons, had abused him and thereafter, assaulted him. As against the petitioner, who is arraigned as accused No.3, there is an allegation that he had assaulted Srinivas on his back with a dragon and also on his right buttock and had caused injuries. The weapon used to commit the crime has been seized at the instance of the petitioner. 7. Accused Nos.1 to 4 had played an active role in assaulting the deceased and committing his murder. The deceased was working as a security guard. CW1 to CW3 were also working as security guard and therefore, their presence in the spot of crime cannot be doubted. Srinivas has suffered six injuries as a - 5 - HC-KAR NC: 2026:KHC:29084 CRL.P No. 5292 of 2026 result of the assault made by accused persons and the said injuries are also corresponding to the assault made by accused persons. Learned HCGP has brought to the notice of this Court that Call Detail Records of the accused would go to show that they were very much present on the alleged date of incident near the spot of crime. In the event, petitioner is enlarged on bail, the chances of he tampering with the alleged eye witnesses cannot be ruled-out. Under the circumstances, I am of the opinion that at this stage, petitioner's prayer for grant of regular bail cannot be entertained. Accordingly, the following order:- 8. The petition is dismissed with liberty to the petitioner to renew his bail application before the Sessions Court, after CW1 to CW3 are examined before the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 89