- 1 - HC-KAR NC: 2026:KHC:30320 CRL.P No. 336 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 336 OF 2026 (439(CR.PC)/483(BNSS)) BETWEEN: VENKATESH @ ONTI KAI VENKATESH S/O LATE DEVENDRA AGED ABOUT 32 YEARS, R/AT C/O SANDEEP, 1ST FLOOR, BEHIND ATHEEK MASJID, DAYANANDANAGAR SLUM, SOMESHWARANAGARA, 1ST BLOCK, JAYANAGAR, BENGALURU – 560 011 (NOW HE IS IN J C CENTRAL PRISON, BENGALURU SINCE 09-08-2024) …PETITIONER (BY MR. MOHAMED IBRAHIM, ADVOCATE) AND: STATE OF KARNATAKA BY THE SHO OF SIDDAPURA POLICE STATION, BENGALURU CITY 560011 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560001) …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER ON 'BAIL' IN CRIME NO.217/2024, FOR OFFENCES Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30320 CRL.P No. 336 of 2026 PUNISHABLE UNDER SECTIONS 103(1) READ WITH UNDER SECTION 3(5) OF BNS OF 2023, OF SIDDAPURA POLICE STATION, BENGALURU CITY, WHICH IS PENDING IN S.C. NO. 1620/2024 ON THE FILE OF LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-59). THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.1620/2024 pending before the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.217/2024 registered by Siddapura Police Station, Bengaluru for offences punishable under Section 103(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.217/2024 was registered by Siddapura Police Station, Bengaluru, for the aforesaid offences against the petitioner-accused No.1 and others, - 3 - HC-KAR NC: 2026:KHC:30320 CRL.P No. 336 of 2026 on the basis of first information dated 03.08.2024 received from one Salma Banu, sister of deceased Syed Ishaq. During the course of investigation, the petitioner herein was arrested and remanded to judicial custody on 03.08.2024. After completion of investigation, charge sheet has been filed against three persons. The petitioner herein is arraigned as accused No.1 in the charge sheet filed for the aforesaid offences. 4. The bail application filed by the petitioner before the Trial Court in S.C.No.1620/2024 was rejected on 29.12.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that in all the criminal cases registered against the petitioner earlier, he has been now acquitted. So far as the present case is concerned, CW-13 and CW-14, who are the alleged eyewitnesses, have not supported the case of the prosecution. The petitioner is ready and willing to abide by conditions that may be imposed on him. Accused Nos.2 - 4 - HC-KAR NC: 2026:KHC:30320 CRL.P No. 336 of 2026 and 3 have already been released on bail. Accordingly, he prays to allow this petition. 6. Per contra, learned Additional SPP, who has opposed the petition, submits that the petitioner is a person with criminal antecedents and there are eyewitnesses to the incident. Accordingly, he prays to dismiss the petition. 7. Perusal of the material on record would go to show that accused persons and deceased Syed Ishaq were all friends. In the charge sheet, it is mentioned that the accused, deceased and other witnesses used to meet each other very often and consume alcohol. Since deceased Syed Ishaq had allegedly developed friendship with the wife of petitioner’s friend, the petitioner had advised Syed Ishaq and had asked him to stay away from his friend's wife. On 02.08.2024, accused Nos.1 to 3 and CW-13 were consuming alcohol. Subsequently, CW-14 and Syed Ishaq also came there. It appears that accused No.1 quarrelled with Syed Ishaq for the reason that he had continued his - 5 - HC-KAR NC: 2026:KHC:30320 CRL.P No. 336 of 2026 relationship with his friend's wife. The deceased Syed Ishaq allegedly took out a dragger and abused the petitioner using filthy language and thereafter left the place. According to the prosecution, accused Nos.1 to 3 thereafter followed Syed Ishaq and committed his murder by assaulting him with machetes and other weapons. CW- 13 and CW-14 are said to be the alleged eye-witnesses to the incident in which accused Nos.1 to 3 had assaulted Syed Ishaq and committed his murder. CW-13 and CW-14 have now been examined before the Trial Court as PW-5 and PW-6, respectively. The said witnesses have been treated as hostile witnesses by the prosecution and have been cross-examined. 8. According to the learned counsel for the petitioner, even during cross-examination of the aforesaid witnesses, no incriminating material has been elicited from the mouth of the aforesaid witnesses. Learned counsel for the petitioner has produced the documents to show that in all the earlier cases which were registered against the - 6 - HC-KAR NC: 2026:KHC:30320 CRL.P No. 336 of 2026 petitioner, he has been acquitted. It is not in dispute that accused Nos.2 and 3 are granted regular bail by this Court in Crl.P.No.4763/2025 and Crl.P.No.3856/2026. The petitioner is in custody in the present case for the last nearly two years. 9. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1620/2024 pending before the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.217/2024 registered by Siddapura Police Station, Bengaluru for offences punishable under Sections 103(1) read with Section 3(5) of the BNS, 2023, subject to the following conditions: - 7 - HC-KAR NC: 2026:KHC:30320 CRL.P No. 336 of 2026 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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 similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE HA CT:VS List No.: 1 Sl No.: 33