- 1 - HC-KAR CNR: KAHC010305632026 NC: 2026:KHC:42860 CRL.P No. 6593 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. 6593 OF 2026 BETWEEN: 1. KIRAN @ KIRAN KUMAR S/O JAGADISH AGED ABOUT 30 YEARS R/A OLD TOWN, BETHAMANGALA RESIDING AT 5TH BLOCK OLD EXTENSION, HANUMANTHANAGARA BETHAMANGALA, VILLAGE POST K.G. F TALUK, KOLAR DISTRICT. 2. VIJAY S/O VENKATESH AGED ABOUT 21 YEARS R/ AT 5THBLOCK OLD EXTENSION, HANUMANTHANAGARA BETHAMANGALA, VILLAGE POST K.G. F TALUK, KOLAR DISTRICT. …PETITIONERS (BY SRI NOOR UL HUSSAIN, ADV.) AND: THE STATE OF KARNATAKA BY BETHAMANGALA POLICE REP BY S.PP, HIGH COURT BANGALORE PIN CODE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE AND ENLARGE THE PETITIONER SON BAIL, IN SC.NO.49/2025 FOR THE OFFENCES P/U/S 103(1), 311, 238 OF BNS 2023 ON THE FILE OF THE HONBLE 3RD ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR (SITTING AT KGF) IN SC.NO.49/2025. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010305632026 NC: 2026:KHC:42860 CRL.P No. 6593 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 Nos.1 and 2 in S.C.No.49 of 2025 pending before the Court of III Additional District and Sessions Judge, Kolar (sitting at KGF) arising out of Crime No.162 of 2024 registered by Bethamangala Police Station, K.G.F, for the offence punishable under Sections 103(1), 311 and 238 of BNS, 2023 are 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.162 of 2024 was registered by Bethamangala Police Station, K.G.F initially for the offence punishable under Section 109 of BNS, 2023 against unknown persons based on the first information dated 04.12.2024 received from Sri Nataraja G V, Police Officer attached to Bethamangala Police Station who had found a unconscious unknown person within the jurisdiction of Police Station. The injured who was identified as Raja P S/o Perumal Gowda, - 3 - HC-KAR CNR: KAHC010305632026 NC: 2026:KHC:42860 CRL.P No. 6593 of 2026 subsequently, died in the hospital on 07.12.2024 and thereafter complaint was received from his son Jyodinath with regard to the assault made on his father by unknown persons and therefore, offence punishable under Section 103(1) of BNS, 2023 was invoked in the present case. During the course of investigation, accused nos.1 and 2 were arrested on 08.12.2024 and remanded to judicial custody. Their bail application filed before the Trial Court in S.C.No.49 of 2025 was rejected on 30.01.2026. Therefore, they are before this Court. 4. FIR in the present case was registered against unknown person. After the injured victim who was unconscious died on 07.12.2024, the offence punishable under Section 103(1) of BNSS, 2023 was invoked. During the course of investigation, the petitioners were arrested on 08.12.2024. As per the charge sheet allegation on 03.12.2024 with an intention to rob the money of deceased Raja P, accused nos.1 and 2 under the guise of dropping him home had taken him in their two wheeler and thereafter in an isolated place, tried to snatch the money from his pocket. When Raja P. resisted, they allegedly assaulted him with a weapon and committed his - 4 - HC-KAR CNR: KAHC010305632026 NC: 2026:KHC:42860 CRL.P No. 6593 of 2026 murder. On 04.12.2024, after the first informant had found injured Raja P lying unconscious, he had admitted him to hospital. However, subsequently on 07.12.2024 Raja P had died in the hospital while undergoing treatment. 5. The entire case of the prosecution is based on circumstantial evidence. CWs.2 to 5 are said to be the material charge sheet witnesses in the present case. As on this date, 13 charge sheet witnesses have been examined before the Trial Court as PW1 to PW13, out of the 42 charge sheet witnesses cited in the present case. All the material charge sheet witnesses have been already examined. Therefore, there cannot be any apprehension that the accused may tamper with the said witnesses. It is not in dispute that, the petitioners do not have any criminal antecedents. They are in custody from 08.12.2024. The submission made by learned counsel for the petitioners that material charge sheet witnesses have turned hostile to the case of the prosecution is not seriously disputed by learned HCGP. - 5 - HC-KAR CNR: KAHC010305632026 NC: 2026:KHC:42860 CRL.P No. 6593 of 2026 6. In view of the aforesaid aspects of the matter and also the period of incarceration of petitioners, who have no other criminal antecedents, I am of the opinion that, the prayer made by the petitioners for grant of regular bail need to be answered affirmatively. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) The petitioners are directed to be enlarged on bail in S.C.No.49 of 2025 pending before the Court of III Additional District and Sessions Judge, Kolar (sitting at KGF) arising out of Crime No.162 of 2024 registered by Bethamangala Police Station, K.G.F, for the offence punishable under Sections 103(1), 311 and 238 of BNS, 2023, subject to the following conditions:- a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless - 6 - HC-KAR CNR: KAHC010305632026 NC: 2026:KHC:42860 CRL.P No. 6593 of 2026 the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future: e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 53