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2026 DAILYLAW 35604 (KAR)

NESLON JEFFREY JOSEPH v. STATE OF KARNATAKA

CRL.P/10553/2026 · 2026-08-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010483692026 NC: 2026:KHC:44167 CRL.P No. 10553 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10553 OF 2026 BETWEEN: NESLON JEFFREY JOSEPH S/O VINCENT AGED 24 YEARS R/A NO.9, 18TH B CROSS VIGNESWARA LAYOUT, HOYSALA NAGARA RAMAMURTHY NAGAR, BENGALORE. …PETITIONER (BY SMT. SHIVAMMA D, ADV., FOR SRI KRISHNE GOWDA M, ADV.) AND: STATE OF KARNATAKA STATE BY HENNURU P.S RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO PASS AND ORDER OF BAIL ENLARGING THE PETITIONER IN SC.NO.1701/2023 ARISING OUT OF CR.NO.246/2023 REGISTERED BY HENNUR P.S., PENDING BEFORE THE (CCH-22) XXI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE, FOR THE OFFENCES P/U/S 143,120(B),302,342,201,149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010483692026 NC: 2026:KHC:44167 CRL.P No. 10553 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.1701/2023 pending before the Court of XXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.246/2023 registered by Hennur Police Station, Bengaluru, for the offences punishable under Sections 143, 120B, 302, 342, 201 and 149 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.246/2023 was registered by Hennur Police Station, Bengaluru, for the offence punishable under Section 302 of IPC against one Lohith and others based on the first information dated 26.07.2023 received from Kalavathi, mother of deceased Marvesh. During the course of investigation of the said case, petitioner was arrested on 26.07.2023 and remanded to judicial custody. After completing investigation, charge sheet is filed against six persons and petitioner is arraigned as accused No.3 in the charge sheet. His bail - 3 - HC-KAR CNR: KAHC010483692026 NC: 2026:KHC:44167 CRL.P No. 10553 of 2026 application filed before the Trial Court was rejected and thereafter, he approached this Court in Crl.P.No.1614/2024, which was dismissed as withdrawn on 04.06.2024 with liberty to the petitioner to approach this Court afresh after examination of charge sheet witnesses is completed before the Trial Court. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Petitioner's name is not found in the FIR. During the course of investigation, he was arrested and charge sheet is filed against six persons. Charge sheet allegations would reveal that deceased Varun was studying first year B. Com in St. Vinsent Palotty College, Bengaluru and was acquainted with accused No.6, CW15 and CW10. Accused No.6 was allegedly in love with CW15 and he had seen CW10 moving along with CW15 and therefore, he wanted to teach a lesson to CW10. Therefore, he had approached accused Nos.4 and 5, who are his friends and in turn, accused Nos.4 and 5 contacted accused Nos.1 to 3, who had asked them to bring CW10 to their house. Since CW10 could not be traced, accused Nos.4 and 5 had - 4 - HC-KAR CNR: KAHC010483692026 NC: 2026:KHC:44167 CRL.P No. 10553 of 2026 brought deceased Marvesh, who is the close friend of CW10 to the house of accused Nos.1 to 3 on 25.07.2023. 5. It is alleged that accused Nos.1 to 3 had assaulted deceased with plastic pipe on his body and as a result, he had sustained injuries and had collapsed in the house. Thereafter, CW11 and CW12 had shifted him to Hospital but Marvesh had died while undergoing treatment. It is under these circumstances, FIR was registered in the present case. There is no direct evidence in the present case to show that accused Nos.1 to 3 had assaulted deceased in their house. Specific overt acts are not found as against accused Nos.1 to 3 with regard to the assault made by them on the deceased. 6. Material charge sheet witnesses are now examined as PW1 to PW7 before the Trial Court. Out of the 47 charge sheet witnesses cited in the present case, only seven have been examined as on his date. Petitioner is in custody in the present case for the last more than three years. In the only other criminal case, which was registered against the petitioner for the offence punishable under Section 307 of IPC, he has been - 5 - HC-KAR CNR: KAHC010483692026 NC: 2026:KHC:44167 CRL.P No. 10553 of 2026 enlarged on bail. The material charge sheet witnesses are now examined and therefore, there cannot be any apprehension that petitioner may tamper with the said witnesses in the event, he is enlarged on bail. Accused Nos.4 to 6 have been enlarged on bail in the present case earlier. Considering the aforesaid aspects of the matter and also the period of petitioner's incarceration, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1701/2023 pending before the Court of XXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.246/2023 registered by Hennur Police Station, Bengaluru, for the offences punishable under Sections 143, 120B, 302, 342, 201 and 149 of IPC, 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; - 6 - HC-KAR CNR: KAHC010483692026 NC: 2026:KHC:44167 CRL.P No. 10553 of 2026 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; 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.: 74