- 1 - HC-KAR NC: 2026:KHC:31907 CRL.P No. 7233 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7233 OF 2026 BETWEEN: PRATHAP M S @ PRATHAP, S/O LATE SHARANAPPA, AGED ABOUT 28 YEARS, R/AT. NO.98, SHRIDURGAMBIKA TEMPLE ROAD, MADHURE, HOSADURGA TALUK, CHITRADURGA, KARNATAKA - 577 527. …PETITIONER (BY SRI. GIRISH R., ADVOCATE) AND: STATE OF KARNATAKA, BY BYAPPANAHALLI RAILWAY P.S., NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P. IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING RESPONDENT BYAPPANAHALLI RAILWAY P.S., TO RELEASE THE PETITIONER IN CRIME NO.47/2025 IN S.C.NO.264/2026 PENDING ON THE FILE OF THE HONBLE LXIV ADDL CITY CIVIL AND SESSIONS JUDGE, AT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31907 CRL.P No. 7233 of 2026 BENGALURU (CCH-65) FOR THE ALLEGED OFFENCE P/US/ 103, 238, 3(5) OF BNS 2023. 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.1 in S.C.No.264/2026 pending before the LXIV Additional City Civil and Sessions Judge, at Bengaluru, arising out of Crime No.47/2025 registered by the Byappanahalli Railway Police Station, for offences punishable under Sections 103, 238, 3(5) of BNS 2023 is before this court. Exhibition filed under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent. 3. FIR in Crime No. 47/2025 was registered by a Byappanahalli Railway Police Station against unknown persons after the dead body of deceased Ismail was found, within the jurisdiction of Byappanhalli railway police - 3 - HC-KAR NC: 2026:KHC:31907 CRL.P No. 7233 of 2026 station. In the said case petitioner herein and another were arrested and remanded to judicial custody. After completion of investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No. 3762/2026 was rejected on 08.05.2026. Therefore, he is before this Court. 4. A perusal of the material placed before this Court goes to show that the entire case of the prosecution is based on circumstantial evidence. As per the charge sheet allegations, deceased Ismail Patavegar and accused Nos.1 and 2 were friends. Deceased had objected accused no. 1 speaking to the girlfriend of accused no. 2 and therefore there was a quarrel between them. It is in this background on 06.09.2025, accused persons allegedly had summoned Ismail near a railway bridge within the jurisdiction of Byappanahalli railway police station and after consuming - 4 - HC-KAR NC: 2026:KHC:31907 CRL.P No. 7233 of 2026 alcohol, they allegedly pushed Ismail under a running train and committed his murder. 5. Accused no. 2 has been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No. 4593/2026 by order dated 22.04.2026. Allegation as against accused No. 1 and accused No. 2 are similar. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.47/2025 in S.C. No.264/2026 pending on the filed of LXIV Additional City Civil and Sessions Judge, Bengaluru registered by Byappanahalli Railway Police Station for the offences punishable under Sections 103, 238, 3(5) of BNS, 2023 subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:31907 CRL.P No. 7233 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 BVK List No.: 1 Sl No.: 67