- 1 - HC-KAR NC: 2026:KHC:33644 CRL.P No. 6195 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6195 OF 2026 BETWEEN: BEERENDRA YADAV @ VIRENDRA S/O LATE GORAKH YADAV, AGED ABOUT 34 YEARS, R/AT ABHAULI VILLAGE, DHAKHAWA BAZAR POST, GORAKHPUR DISTRICT, UTTAR PRADESH - 273211. …PETITIONER (BY SRI. JANAVI R., ADVOCATE) AND: STATE OF KARNATAKA, BY BANDEPALYA POLICE STATION, REP. BY HCGP, HIGH COURT COMPLEX, BENGALURU - 560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 OF CR.PC (FILED U/S.483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.94/2025 FOR THE OFFENCES P/U/S.61(2), 103(1), 238, 240 R/W SECTION 3(5) OF BNS REGISTERED BY THE RESPONDENT BANDEPALYA POLICE STATION BENGALURU PENDING BFORE IX ACJM COURT BANGALORE IN CC.NO.33428/2025. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33644 CRL.P No. 6195 of 2026 THIS PETITION, 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 Crime No.94/2025 registered by Bandepalya Police Station, Bangalore, for offences punishable under Sections 61(2), 103(1), 238, 240 read with Section 3(5) of BNSS, 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.94/2025 was registered by Bandepalya Police Station, Bangalore for the aforesaid offences against the petitioner and two others, based on the first information received on 23.06.2025 from one Shashi Bhushan Yadav, who is the brother of deceased. In the said case, petitioner herein was arrested on 12.07.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed - 3 - HC-KAR NC: 2026:KHC:33644 CRL.P No. 6195 of 2026 against three persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the trial Court in Crl.Misc.No.2096/2026 was rejected on 06.03.2026. Therefore, he is before this Court. 4. Perusal of the material on record would reveal that entire case of the prosecution is based on circumstantial evidence. Allegations found in the charge sheet as against accused Nos.1 to 3, are similar. Accused No.3 has been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.14639/2025 disposed of on 02.02.2026 and accused No.2 has been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.17224/2025 disposed of on 11.02.2026. While granting regular bail to accused No.3 in Crl.P.No.14639/2025 in paragraph Nos.6, 7 and 8, the Co- ordinate Bench of this Court has observed as follows: "6. The case of the prosecution is that the deceased had disclosed the illicit relationship of accused No.1 with the wife of his brother to - 4 - HC-KAR NC: 2026:KHC:33644 CRL.P No. 6195 of 2026 accused Nos.2 and 3. Accused No.1 enraged by that, in conspiracy with accused No.2 and 3 assaulted the deceased with hands on his face and dashed his head to the wall and committed his murder in the house of accused No.3. 7. The case of the prosecution is based on circumstantial evidence. Even though CW.2 to CW.4 are cited as eyewitnesses to the incident, but on perusal of their statements, they are not eyewitnesses to the incident. CW.2 has stated regarding extrajudicial confession made by accused No.2 and CW.4 has stated regarding extrajudicial confession made by accused No.3. CW.3 is a land lady of the house of accused No.3 and she has stated the movements of friends of accused No.3 on the day of incident. CW.4 has also stated regarding he last seen the deceased and accused Nos.1 to 3 together on the day of incident. 8. Considering the above aspects, the entire case of the prosecution is based on circumstantial evidence. Therefore, each of the circumstances has to be proved at trial. The petitioner is in judicial custody since 24.06.2025 and as the charge sheet filed, he is not required for custodial interrogation. There are no criminal antecedents of the - 5 - HC-KAR NC: 2026:KHC:33644 CRL.P No. 6195 of 2026 petitioner. Considering the above aspect, the petitioner has made out case for grant of bail with conditions." 5. Under the circumstances, I am of the opinion that even the petitioner's prayer 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.94/2025 of Bandepalya Police Station, Bengaluru, for the offences punishable under Sections 61(2), 103(1), 238, 240 read with 3(5) of BNSS, 2023, subject to the following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2026:KHC:33644 CRL.P No. 6195 of 2026 (iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (S VISHWAJITH SHETTY) JUDGE MCR List No.: 1 Sl No.: 75