- 1 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9327 OF 2026 BETWEEN: SOMASHEKAR V @ SOMA S/O. VEERABHADRASWAMY AGED ABOUT 22 YEARS, R/AT.BEHIND POST OFFICE, ULLALU YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK - 560 022 PERMANENT RESIDENT OF AROORU VILLAGE, CHANNAPATNA TALUK, BENGALURU SOUTH - 562 160. …PETITIONER (BY SRI. RAMESHA H.N, ADVOCATE) AND: STATE OF KARNATAKA BY JNANABHARATHI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 NO.1 ON BAIL IN S.C.NO.238/2026 ON THE FILE OF THE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-64) AT BENGALURU FOR THE ALLEGED OFFENCES P/U/S 103(1), 115(1), 118(1), 351(2) R/W 3(5) OF THE BNS 2023 REGISTERED IN CR.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 Accused No.1 in Crime No.405/2025 registered by Jnanabharathi Police Station, Bengaluru City for the offences punishable under Section 103(1), 115(1), 118(1), 351(2) read with Section 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 parties. 3. FIR in Crime No.405/2025 was registered by Jnanabharathi Police Station, Bengaluru City for the aforesaid offences against Soma and others, based on the - 3 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 first information dated 13.09.2025, received from Yashoda, mother of deceased-Deepak Raj and injured Praveen Raj. During the course of investigation, the petitioner who was arraigned as accused No.1 was arrested on 25.09.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.9998/2025 was rejected on 20.11.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is an inordinate delay in registering the FIR. Allegation as against accused No.1 to 3 is similar in the charge sheet. Accused Nos.2 and 3 have been granted regular bail by this Court. Accordingly, he prays to allow this petition. - 4 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 5. Per contra, learned HCGP who has opposed the bail application does not dispute the submission made by the learned counsel for the petitioner. 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. 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 '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. - 5 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 7. 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. 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, 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 - 6 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 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.2 has been granted regular bail by this Court in criminal petition No.2975/2026, disposed of on 22.06.2026. Accused No.3 has been granted regular bail by this Court in criminal petition No.4147/2026, disposed of on 27.04.2016 and accused No.4 has been granted regular bail by this Court in criminal petition No.17322/2025, disposed of on 19.01.2026. Though, it is brought to the notice of this Court by the learned High Court Government Pleader that accused No.1 is a person with criminal antecedents, it is not in dispute that accused Nos.2 and 3 as against whom similar allegations are found in the charge sheet are also persons with criminal antecedents. It is not in dispute that in the earlier cases - 7 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 registered against the petitioner, he has been enlarged on bail. 9. 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: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in C.C.No.48147/2025 pending before the VI Additional CMM Court, Nrupathunga Road, Bengaluru, arising out of Crime No.405/2025 registered by Jnanabharathi Police Station, Bengaluru City for the offences punishable under Section 103(1), 115(1), 118(1), 351(2) read with Section 3(5) of BNS 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two - 8 - HC-KAR CNR: KAHC010439162026 NC: 2026:KHC:36410 CRL.P No. 9327 of 2026 sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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 AMM List No.: 1 Sl No.: 20