- 1 - HC-KAR NC: 2026:KHC:21554 CRL.P No. 16310 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 16310 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: RAJESH @ RAJI AGED ABOUT 34 YEARS S/O BASAWARAJ R/O NO.189, NEAR SMD APARTMENTS, NEAR GOVERNMENT JUNIOR COLLEGE, BELLATHUR COLONY, KADUGODI, BENGALURU-560067 …PETITIONER (BY SRI. BASAWA PRASAD KUNALE, ADVOCATE) AND: STATE OF KARNATAKA BY KADUGODI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001 …RESPONDENT (BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CHARGE SHEET SUBMITTED IN CRIME NO.288/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 109, 61(2) R/W 190 OF THE BNS, 2023 IN SC.NO.257/2025 PENDING BEFORE THE LD. 1ST ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21554 CRL.P No. 16310 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER This petition is filed by accused No.7 in S.C.No.257/2025 pending trial before the I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth referred to as 'BNSS' for short). 2. The petitioner was arraigned as one of the accused in S.C.No.257/2025 registered for the offences punishable under Sections 61(2), 190, 103(1), 109 of Bharatiya Nyaya Sanhita, 2023 (henceforth referred to as 'BNS 2023' for short). 3. The case of the prosecution is that on 10.06.2025 at about 09:30 p.m., accused Nos.1 to 6 and 8 confronted the deceased and accused No.1 assaulted the deceased with a long on the back of his head. Accused No.5 assaulted the deceased with a machete, while accused No.6 stabbed him on the back. Accused No.2 assaulted the deceased with a machete on his back and neck. The petitioner who is accused No.7, assaulted - 3 - HC-KAR NC: 2026:KHC:21554 CRL.P No. 16310 of 2025 the deceased with a stick on his back. The deceased tried to run away from the spot but was pursued by accused Nos.1 to 8. At that time, the petitioner assaulted the deceased with a stick on his head, while the other accused also assaulted him with machete, thereby causing his instantaneous death. A case in Cr.No.288/2025 was registered for the offences punishable under Sections 103(1), 109 read with 3(5) of BNS, 2023, following which, investigation was conducted, mahazar was drawn and statement of relevant witnesses were recorded. Upon completion of the investigation, a charge sheet was filed for the offences punishable under Sections 61(2), 190, 103(1) 109 BNS, 2023. The Trial Court perused the material on record and took cognizance of the offences and registered S.C.No.257/2025. 4. A petition in Crl.Misc.No.1890/2025 was filed by the petitioner under Section 483 of the BNSS seeking enlargement on bail, which was dismissed in terms of an order dated 17.10.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the charge sheet discloses that the petitioner had assaulted the - 4 - HC-KAR NC: 2026:KHC:21554 CRL.P No. 16310 of 2025 deceased with a stick. However, the charge sheet does not show that any stick used for the crime was recovered at the instance of the petitioner. He therefore submits that the petitioner be enlarged on bail, as there is nothing on record to show that the petitioner was involved in the offence. 6. Per contra, the learned High Court Government Pleader submits that a bamboo stick was recovered in PF No.130/2025. He invited the attention of this Court to PF No.130/2025 where a bamboo stick measuring 57 inches was recovered from the place of incident. He therefore, contends that the contentions urged by the petitioner are not worthy of consideration. 7. In reply, the learned counsel for the petitioner submits that the other accused who had assaulted the deceased with a machete and long were released on bail and therefore, petitioner may also be enlarged on bail. 8. Now that a charge sheet is filed and the other accused who had taken active part in the commission of the offence are released on bail, it is appropriate that the petitioner - 5 - HC-KAR NC: 2026:KHC:21554 CRL.P No. 16310 of 2025 be treated on par, as the allegation against the petitioner is not so severe in comparison with the allegation against the other accused. 9. Consequently, petition is allowed. The petitioner is ordered to be released on bail in S.C.No.257/2025, pending trial before I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 61(2), 190, 103(1), 109 of BNS, 2023 subject to the following conditions: 1) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with one local surety for the likesum to the satisfaction of Trial Court. 2) The petitioner shall not tamper/influence the prosecution witnesses. 3) He shall appear before the Trial Court on all dates of hearing without fail, unless exempted by the Court for any genuine reason. 4) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court till disposal of the case against him. - 6 - HC-KAR NC: 2026:KHC:21554 CRL.P No. 16310 of 2025 10. During the course of arguments, the learned counsel for the petitioner submitted that there was no recovery of the alleged bamboo stick which was used by the petitioner in the commission of the offences. However, the learned High Court Government Pleader clarified that a bamboo stick was in fact recovered. Therefore, in order to deter the learned counsel for the petitioner from being casual in making statements before the Court, this Court imposes a cost of Rs.50,000/- payable to the 'Sri. Jayadeva Institute of Cardiovascular Sciences and Research, Bengaluru', within a period of one week. Sd/- (R. NATARAJ) JUDGE HJ List No.: 2 Sl No.: 6