- 1 - HC-KAR CNR: KAHC010149172026 NC: 2026:KHC:37617 CRL.P No. 3272 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3272 OF 2026 BETWEEN: SHIVAPRASAD @ PSYCHO S/O KUMARA, AGED ABOUT 26 YEARS, R/AT NO. 13, 3RD CROSS, NEAR DELHI PUBLIC SCHOOL, KONANAKUNTE, BENGALURU. …PETITIONER (BY SRI. RAMESH BABA, ADVOCATE FOR SRI. VISHWAS GOWDA G.M, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY STATION HOUSE OFFICER, BANASHANKARI PS BENGALURU, REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.0101/2025 AND NOW RENUMBERED AS SC NO.1007/2025 OF BANASHANKARI Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010149172026 NC: 2026:KHC:37617 CRL.P No. 3272 of 2026 POLICE STATION, BENGALURU CITY, PENDING BEFORE THE LXIII ADDL.CITY CIVIL AND SESSIONS JUDGE CCH-64 BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SEC.189(2), 189(4), 191(2), 191(3), 103(1), 190 OF BNS 2023 AND SEC.25(1-B)(h) AND SEC.4 OF ARMS ACT. 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 S.C.No.1007/2025 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.101/2025, registered by Banashankari Police Station, Bengaluru for offences punishable under Sections 61, 189(2), 189(4), 191(2), 191(3), 103(1), Section 190 of BNS 2023 and Section 25 (1-B)(h),4 of Arms Act, 1959 He is before this Court in this petition filed under Section 483 of BNS 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent - State. - 3 - HC-KAR CNR: KAHC010149172026 NC: 2026:KHC:37617 CRL.P No. 3272 of 2026 3. FIR in Crime No.101/2025 was registered by Banashankari Police Station, Bengaluru for offences punishable under Section 189(2), 191(2), 191(3), 103(1), 190 of BNS, 2023 against unknown persons, based on the first information dated 31.03.2025 received from one Krishna.R S/o Ramakrishna. During the course of investigation of the said case, petitioner herein was arrested on 01.04.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against seven persons and petitioner herein is arrayed as accused No.1 in the charge sheet, his bail application filed before the trial Court in S.C No.1007/2025 was rejected on 11.11.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.2 as against whom similar allegation is found in the charge sheet, has been granted bail by this Court in Criminal Petition No.15411/2025. He submits that out of the 9 criminal cases registered against the petitioner earlier, 8 of them are related to a single incident of rioting and in all the said cases he has been acquitted. The only other case pending against the - 4 - HC-KAR CNR: KAHC010149172026 NC: 2026:KHC:37617 CRL.P No. 3272 of 2026 petitioner is registered for offences punishable under the Arms Act. Trial in this case is yet to commence. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 6. FIR in the present case was registered against unknown persons and during the course of investigation petitioner herein and other accused persons were arrested. After completing investigation charge sheet is now filed against 7 persons and petitioner herein is arrayed as accused No.1 in the charge sheet. 7. As per the charge sheet allegation, accused No.1 had enmity with CW-9 and therefore he, along with the other accused persons conspired to commit the murder of CW-9 and in furtherance of such conspiracy on the alleged date of incident they had attacked deceased Nikil, mistaking him to be CW-9 and had committed this murder. - 5 - HC-KAR CNR: KAHC010149172026 NC: 2026:KHC:37617 CRL.P No. 3272 of 2026 8. Allegation of assaulting deceased with machetes and longs is found in the charge sheet only as against accused Nos.1 to 3. Accused No.2 has been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.15411/2025, disposed of on 06.01.2026. In paragraph No.7 of the order passed in Criminal Petition No.15411/2025, it is observed as follows:- "C.W.4 and C.W.6 who are stated to be the eyewitnesses, but they are not eyewitnesses to the incident, but they have seen the accused persons came to the bar in search of C.W.9 holding weapons. There is a recovery of machete and blood stained pant at the instance of this petitioner. The alleged assault by this petitioner with a machete is on the back of the deceased. The post-mortem report indicates that, the cause of death is due to head injury sustained associated with other injuries". 9. Learned counsel for the petitioner submits that out of the 9 criminal cases which were registered against the petitioner, 8 of them are related to a single incident of rioting and in all the said 8 cases he has been acquitted. It is not in - 6 - HC-KAR CNR: KAHC010149172026 NC: 2026:KHC:37617 CRL.P No. 3272 of 2026 dispute that the only other criminal case pending against him is registered for offences punishable under the Arms Act. 10. It is also brought to the notice of this Court by learned counsel for the petitioner that accused Nos.5 to 7 have been also granted regular bail by this Court in Criminal Petition No.10370/2025 and 11797/2025. 11. Considering the aforementioned aspects of the matter, 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.101/2025 of Banashankari Police Station, Bengaluru, for the offences punishable under Sections 61, 189(2), 189(4), 191(2), 191(3), 103(1), Section 190 of BNS, 2023 and Section 25 (1-B)(h), Section 4 of Arms Act, 1959 subject to the following conditions: - 7 - HC-KAR CNR: KAHC010149172026 NC: 2026:KHC:37617 CRL.P No. 3272 of 2026 a) The 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 their 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE VS List No.: 1 Sl No.: 18