- 1 - HC-KAR NC: 2026:KHC:30620 CRL.P No. 2975 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.2975/2026 (439(Cr.PC)/483(BNSS)) BETWEEN: RAJESH @ SYCO RAJESH @ LOOSE @ DEVIL S/O.VENKATESH, AGED ABOUT 27 YEARS, R/AT C/O.VENKATESH'S HOUSE, NO.72, HILL ROCK SCHOOL ROAD, NEAR BRAHMADEVA GUDDE BUS STOP, BEHIND SWARNAMBA PROVISION STORES JNANABHARATHI, BENGALURU-560 056. …PETITIONER (BY SRI. RAMESH H.N., ADVOCATE FOR SRI.TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: STATE OF KARNATAKA BY JNANABHARATHI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN C.C.NO.48147/2025 ON THE FILE OF THE HONBLE 6TH ADDITIONAL CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY FOR THE ALLEGED OFFENCES PUNISHABLE UNDER REGISTERED IN CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30620 CRL.P No. 2975 of 2026 NO.405/2025 BY THE JNANABHARATHI POLICE UNDER SECTIONS 103(1), 115(1), 118(1), 351(2), R/W SECTION 3 (5) OF BNS-2023, REGISTERED IN CRIME NO.405/2025 BY THE JNANABHARATHI POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.405/2025 registered by Jnanabharathi Police Station, Bengaluru for the offences punishable under Sections 103(1), 115(1), 118(1), 351(2) and 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 petitioner and the learned HCGP for the respondent - State. 3. FIR in Crime No.405/2025 was registered by Jnanabharathi Police Station, Bengaluru for offences punishable under Sections 140(2), 115(1), 118(1), 103(1), 351(2) read with Section 3(5) of BNS 2023, against Soma and others based on the first information dated 13.09.2025, received from Yashoda, mother of deceased-Deepak Raj and injured Praveen - 3 - HC-KAR NC: 2026:KHC:30620 CRL.P No. 2975 of 2026 Raj. During the course of investigation, petitioner herein was arrested on 25.09.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 4 persons and petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the Trial Court in Crl.Misc.No.10469/2025 was rejected on 05.12.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is an inordinate delay in registering the FIR. He also submits that initially the deceased and the injured victim had given a different version about the injury sustained. He submits that accused Nos.3 and 4 have been granted Regular Bail by this Court. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that petitioner is a person with criminal antecedents. There are other eyewitnesses to the incident in question. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that incident in question in which the sons of the first informant were assaulted, had taken place on the night of 07.09.2025. - 4 - HC-KAR NC: 2026:KHC:30620 CRL.P No. 2975 of 2026 After the said incident, the sons of the first informant had returned home and on enquiry, they had informed their mother, who is the first informant in the present case, that they had sustained injuries after they fell down from a vehicle. On 08.09.2025, Deepak Raj allegedly started vomiting at about 09.00 a.m., while eating breakfast and thereafter, he was shifted to a Hospital but the Doctors in the said hospital declared him as ‘dead’. It is only thereafter, the mother of the deceased and the injured had approached the Police and submitted a first information, based on which, FIR was registered against the accused persons. In the charge sheet, which is now filed, it is alleged that the petitioner had demanded money from CW-2, and since he had refused to pay the money, petitioner had conspired with other accused persons to kidnap Praveen Raj. 7. In furtherance of such conspiracy on 07.09.2025, the accused persons had kidnapped Praveen Raj in an auto rickshaw and demanded money. Since he had failed to pay money, they allegedly had assaulted him with hands and threatened him with dire consequences to his life. Thereafter, - 5 - HC-KAR NC: 2026:KHC:30620 CRL.P No. 2975 of 2026 accused No.1 allegedly called Deepak Raj, brother of CW-2 and informed him that CW-2 was with him and asked him to come near Mangammana Gudda. After Deepak Raj came to the alleged spot, accused persons had taken Deepak Raj and CW-2 with them and thereafter, assaulted them with deadly weapons. Subsequently, they had abandoned Deepak Raj and Praveen Raj and had left the place. Injured Deepak Raj, who had returned home along with his brother- CW-2, Praveen Raj after the alleged incident that had taken place on 07.09.2025, had informed his mother that injury was sustained as a result of fall from a vehicle. It is only on the next day, after Deepak Raj, who was taken to the hospital had died, first information was registered against accused persons. 8. Accused No.3 has been granted regular bail by the co-ordinate bench of this Court in Crl.P.No.4147/2026 disposed of on 27.04.2026 and accused No.4 has been granted Regular Bail by this Court in Crl.P.No.17322/2025 disposed of on 19.01.2026. Petitioner is a person with criminal antecedents. Since accused No.3 as against whom similar allegations are found in the charge sheet has been granted regular bail by the - 6 - HC-KAR NC: 2026:KHC:30620 CRL.P No. 2975 of 2026 Co-ordinate Bench of this Court, petitioner’s prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in C.C.No.48147/2025 pending before the Court of VI Additional CMM Court, Nrupatunga Road, Bengaluru City, arising out of Crime No.405/2025 registered by Jnanabharathi Police Station, Bengaluru, for the offences punishable under Sections 103(1), 115(1), 118(1), 351(2) and 3(5) of BNS 2023, subject to the following conditions: a) Petitioner shall execute a 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; - 7 - HC-KAR NC: 2026:KHC:30620 CRL.P No. 2975 of 2026 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. f) The petitioner shall appear on every 1st and 3rd Sunday of every month between 10.30 a.m. and 1.00 p.m., before the Station House Officer of Jnanabharathi Police Station, Bengaluru and parties shall mark their attendance regularly till the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE MDS List No.: 1 Sl No.: 58