Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 32869 (KAR)

NIKHIL RAJ @ NIKHIL @ PATLI v. STATE OF KARNATAKA

CRL.P/9372/2026 · 2026-08-12

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9372 OF 2026 BETWEEN: NIKHIL RAJ @ NIKHIL @ PATLI S/O CHANDRA SHEKAR R AGE ABOUT 26 YEARS RESIDING AT NO.36, 2ND MAIN ROAD 2ND CROSS, NANJUNDAPPA LAYOUT CHIKKABOMMASANDRA GKVK POST BANGALORE NORTH BANGALORE - 560 065. …PETITIONER (BY SRI VISHWAS GOWDA G.M, ADV.) AND: STATE OF KARNATAKA BY SOLADEVANAHALLI P.S REP BY PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU. …RESPONDENT (BY SRI V.S BHAT, SPL.PP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.68/2025 PENDING BEFORE HONBLE PRL. CITY CIVIL AND SESSIONS JUDGE CCH-1 AS SPL.C.NO.2421/2025 AT BENGALURU REGISTERED BY THE RESPONDENT SOLADEVANAHALLI POLICE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 103,55,58,61(2),238 R/W 3(5) OF BNS AND SEC.3 OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 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 1. Accused No.8 in Special Case No.2421/2025, pending before the Court of Principal City Civil and Sessions Judge and Special Judge, Bengaluru, arising out of Crime No.68/2025 registered by Soladevanahalli Police Station, Bengaluru, for the offences punishable under Sections 103, 55, 58, 61(2), 238 read with Section 3(5) of BNS, 2023 and Section 3 of the Karnataka Control of Organized Crimes Act, 2000, 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.68/2025 was registered by Soladevanahalli Police Station, Bengaluru, for the offences punishable under Sections 103 read with Section 3(5) of BNS, 2023, against unknown four persons based on the first information dated 04.03.2025 received from Kantharaju, who is the brother-in-law of deceased Jayaram. During the course of - 3 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 of 2026 investigation, petitioner herein was arrested on 20.05.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against nine persons and petitioner is arraigned as accused No.8 in the charge sheet. His bail application filed before the Trial Court in Special Case No.2421/2025 was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that only allegation against the petitioner is that he had conspired with the other accused persons to commit the murder of deceased Jayaram. Petitioner had no ill-will or motive as against deceased. The only other criminal case registered against the petitioner is for the offence punishable under Section 109 of BNS, 2023, which was in the year 2024. The trial in the case is yet to commence. Accused No.5 has been granted regular bail in the present case by the Trial Court in Crl.Misc.No.3884/2025 disposed off on 30.05.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has filed objections opposing the bail application submits that accused No.5 had no - 4 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 of 2026 criminal antecedents and he was a youngster aged 19 years. There is no allegation against him about conspiracy and allegation against him is that he was giving information about the whereabouts of the deceased to the accused persons. Therefore, there is no parity. Accordingly, he prays to dismiss the petition. 6. In the first information dated 04.03.2025, it is stated that deceased Jayaram was an accused in the murder case of Kiran and was jailed in the year 2018. After he was released from jail, he was running a poultry shop at Chikkabommasandra near Yelahanka, Bengaluru. Followers of deceased Kiran were often coming near the said shop and threatening Jayaram. On 04.03.2025 at about 09.00 p.m., first informant was informed that at about 08.00 p.m. on the said date, Jayaram was assaulted by three to four unknown persons with deadly weapons. Immediately thereafter, first informant had gone to the spot and found the dead body of deceased. Subsequently, FIR was registered against four unknown persons for the offences punishable under Sections 103 read with Section 3(5) of BNS, 2023. During the course of investigation, petitioner was - 5 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 of 2026 arrested on 20.05.2025. After completing investigation, charge sheet is now filed against nine persons and petitioner is arraigned as accused No.8 in the charge sheet. 7. As per the charge sheet allegations, petitioner, who was in jail in the earlier case registered against him for the offence punishable under Section 109 of BNS, 2023, had met accused No.6 - Manoj inside the jail, who allegedly had instigated him to commit the murder of Jayaram. After the petitioner was released from jail, he allegedly was in contact with other accused persons and they had together conspired to commit the murder of Jayaram. In the charge sheet, it is alleged that on 22.02.2025, accused Nos.1, 2 and 7 to 9 had met in a Hotel at Bagaluru Road, Yelahanka and had conspired to commit the murder of Jayaram. Subsequently, accused No.7 - Rakesh allegedly had supplied the weapons to accused persons for committing the murder of Jayaram. According to the conspiracy, accused Nos.1, 2, 7, 8 and 9 were supposed to commit the murder of Jayaram and since accused Nos.7 to 9 were not available, accused Nos.3 and 4 had joined accused Nos.1 and 2. - 6 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 of 2026 8. On the alleged date of incident, accused Nos.1 to 4 arrived in a Thar jeep near the spot of crime and assaulted Jayaram, who was consuming alcohol, with deadly weapons and committed his murder. All the assailants are arrested and remanded to judicial custody. Accused No.7, who had supplied weapons to the assailants in the present case was arrested on 27.03.2025 and it appears that during the course of his confession statement, he had stated that petitioner was also involved in the conspiracy to commit the murder of Jayaram. It is under these circumstances, subsequently petitioner was also arrested in the present case. It is not in dispute that in the only other criminal case registered against the petitioner, he is enlarged on bail. He is aged about 26 years and is in custody for the last more than one year. Considering the aforesaid aspects of the matter and more so, the nature of allegations found against the petitioner, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 7 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 of 2026 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.2421/2025, pending before the Court of Principal City Civil and Sessions Judge and Special Judge, Bengaluru, arising out of Crime No.68/2025 registered by Soladevanahalli Police Station, Bengaluru, for the offences punishable under Sections 103, 55, 58, 61(2), 238 read with Section 3(5) of BNS, 2023 and Section 3 of the Karnataka Control of Organized Crimes Act, 2000, subject to the following conditions: a) 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 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; - 8 - HC-KAR CNR: KAHC010441942026 NC: 2026:KHC:42902 CRL.P No. 9372 of 2026 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 DN List No.: 1 Sl No.: 66