- 1 - HC-KAR NC: 2026:KHC:30261 CRL.P No. 4950 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.4950 OF 2026 BETWEEN: 1. MAHESH @ KOTTIMIRI MAHESH (A1) S/O. RAMESH AGED 32 YEARS GOVERNMENT COLLEGE ROAD, S.M.D KADUGODI, BENGALURU BENGALURU-560 067. …PETITIONER (BY SMT. GAYATHRI .M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY-KADUGODI POLICE, BENGALURU BY- STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE -560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.288/2025 REGISTERED BY KADUGOI P.S., FOR THE OFFENCES P/U/S 103(1), 109, 190, 61(2) OF BNSS, PENDING IN SC.NO.257/2025 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30261 CRL.P No. 4950 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in SC No.257/2025 pending before the Court of I Additional District and Sessions Judge, Bangalore Rural District, Bangalore arising out of Crime No.288/2025 registered by the Kadugodi Police Station, Bengaluru City for the offences punishable under Sections 61(2), 190, 103(1) and 109 of Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court in this petition filed under Section 483 of the Bharathiya Nagarika Suraksha Sanhita, 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.288/2025 was registered by the Kadugodi Police Station, Bengaluru City initially for offences punishable under Sections 103(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 against Shrikant and others based on the first information dated 10.06.2025 received from Smt.Kala N, who is the mother of the deceased - Punit @ Nepali. In the said case, the - 3 - HC-KAR NC: 2026:KHC:30261 CRL.P No. 4950 of 2026 petitioner herein was arrested on 11.06.2025 and remanded to judicial custody. After completion of investigation, charge sheet is now filed against eight persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Sessions Court in Crl.Misc.No.20/2026 was rejected on 31.01.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner's name is not found in the FIR. Allegation of assaulting the deceased and injured is found in the charge sheet as against accused Nos.1, 2, 5, 6 and 7. Except this petitioner, the other accused persons are all enlarged on bail. The petitioner has no other criminal antecedents. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. - 4 - HC-KAR NC: 2026:KHC:30261 CRL.P No. 4950 of 2026 6. Material on record would go to show that FIR in the present case was registered against Shrikant and others. Undisputedly, the petitioner's name is not found in the FIR. Allegation of assaulting the deceased - Punit @ Nepali and also the injured victim - Arbaz Pasha (C.W.2) is found in the Charge Sheet as against accused Nos.1, 2, 5, 6 and 7. Accused No.2, who was named in the FIR and is said to be a rowdy-sheeter, has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.90/2026, which was disposed of on 06.04.2026. Accused No.7 has been granted regular bail by the Co- ordinate Bench of this Court in Crl.P.No.16310/2025 disposed of on 21.04.2026. Accused Nos.5 and 6 were granted statutory bail in the present case by the learned Magistrate. Accused Nos.3 and 4 were granted regular bail by this Court in Crl.P.No.16859/2025 and Crl.P.16809/2025 respectively. It is not in dispute that the petitioner has no other criminal antecedents. In view of the aforesaid aspects of the matter, petitioner's prayer - 5 - HC-KAR NC: 2026:KHC:30261 CRL.P No. 4950 of 2026 for grant of regular bail needs to be answered affirmatively on the ground of parity. 7. Accordingly, the following: ORDER (i) Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in SC No.257/2025 pending before the Court of I Additional District and Sessions Judge, Bangalore Rural District, Bangalore arising out of Crime No.288/2025 registered by the Kadugodi Police Station, Bengaluru City for the offences punishable under Sections 61(2), 190, 103(1) and 109 of Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: a) 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 6 - HC-KAR NC: 2026:KHC:30261 CRL.P No. 4950 of 2026 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 52