- 1 - HC-KAR NC: 2026:KHC:18315 CRL.P No. 90 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.90 OF 2026 (439(Cr.PC)/ 483(BNSS)) BETWEEN: MR. SRIKANTH ALIAS MYADI (A2) S/O. LATE CHANDRASHEKAR, AGED 28 YEARS, T.S 520, 4TH FLOOR, THIMMARAYAPPA BUILDING, 2ND CROSS, NEAR HASSAN IYENGAR BAKERY, KUMBENA, AGRAHARA KADUGODI, BENGALURU - 560 067. &PETITIONER (BY SRI. GAYATHRI. M, ADVOCATE) AND: STATE OF KARNATAKA, BY-KADUGODI POLICE, BENGALURU. BY-STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001. &RESPONDENT (BY SRI. ASMA KOUSER, ADDL. SPP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18315 CRL.P No. 90 of 2026 THIS CRL.P IS FILED U/S 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.288/2025 OF KADUGODI POLICE STATION AGAINST REGISTERED FOR OFFENCE P/U/S 103(1),109,3(5) OF BNS NOW PENDING IN S.C.NO.257/2025 ON THE FILE OF THE I ADDL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AFTER TAKING SUFFICIENT SURETY OR SURETIES AND THE I ADDL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU HAS DISMISSED THE BAIL PETITION ON 24.12.2025 IN CRL.MISC.NO.2390/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER This petition is filed by accused No.2 under Section 483 of BNSS,2023 praying to grant regular bail in Crime No.288/2025 of Kadugodi Police Station registered for offences punishable under Sections 103(1), 109, 3(5) of BNSS, 2023 pending in S.C.No.257/2025 on the file of learned I Additional and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. The case of the prosecution is that the complainant lodged a complaint stating that on - 3 - HC-KAR NC: 2026:KHC:18315 CRL.P No. 90 of 2026 10.06.2025 at about 10.30 p.m., she was residing at Kumbena Agrahara along with her family. The deceased, Puneeth @ Nepali, was her son, and she was eking out her livelihood by working as house maid at Gulmohar Villa. On the said day, while she was at home, she received a phone call from the mother of her son9s friend, Arbaz Pasha, informing her that Srikanth and others had assaulted her son, Puneeth @ Nepali, and inflicted mortal blows on him. On receiving the said information, the complainant rushed to the spot and found her son lying dead with injuries on the back of his head. Hence, she lodged the complaint. 3. Based on the said complaint, the respondent/police registered a case and, after conducting the investigation, filed the charge sheet against the accused. 4. The submission of the learned counsel for petitioner is that that there is no serious overt act alleged against this petitioner assaulting the deceased. The overt - 4 - HC-KAR NC: 2026:KHC:18315 CRL.P No. 90 of 2026 act alleged against this petitioner is assaulting the deceased. There is no overt act alleged against the petitioner is that he assaulted the deceased with hands and there is no overt-act in respect of assault of CW2. The petitioner is in judicial custody and as the charge sheet has been filed he is not required for custodial interrogation. Moreover, there is delay in recording the statement of CW2 - injured and other eyewitnesses to the incident. 5. The learned counsel for the petitioner further submitted that accused Nos.3 and 8, who are similarly placed have been granted bail by this Court in Crl.P Nos.14509/2025 and 16859/2025. Therefore, the petitioner may be enlarged on bail on the ground of parity. 6. Per contra, the learned Additional State Public Prosecutor for the respondent/State vehemently submitted that the petitioner was present on the spot with other accused. The petitioner has conspired with the other accused to kill the deceased. The charge sheet materials - 5 - HC-KAR NC: 2026:KHC:18315 CRL.P No. 90 of 2026 would indicate that the petitioner has committed the offence as stated in the charge sheet. Therefore, it is not appropriate to grant the relief as prayed for. 7. Heard the learned counsels for the respective parties and perused the charge sheet. On the complaint of one Smt. Kala, a case had been registered in Crime No.288/2025 of Kadugodi Police Station against Accused No.2 Srikant and others for offences under Section 103(1), 109 read with 3(5) of BNS, 2023. After investigation, charge sheet has been filed against accused Nos.1 to 8 for the offence under Sections 103(1), 109, 61(2) read with 190 of BNS. On perusal of column 17 of the charge sheet, the petitioner is stated to have conspired with the other accused to kill the deceased and cause injury to CW2. The overt act alleged against this petitioner is that he had assaulted the deceased with hands. The petitioner has not used any deadly weapons to assault either deceased or CW2-injured. Such being the case, I am of the considered opinion that the petitioner has made out a case to grant - 6 - HC-KAR NC: 2026:KHC:18315 CRL.P No. 90 of 2026 the relief as prayed to. Moreover, there are no criminal antecedents against the petitioner. 8. Considering the above aspects, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.288/2025 of respondent-police for the offence under Sections 103(1), 109, 3(5) of BNSS, 2023 pending in S.C.No.257/2025 on the file of learned I Additional and Sessions Judge, Bengaluru Rural District, Bengaluru on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iv) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. v) The petitioner shall not indulge in commission of any offence. - 7 - HC-KAR NC: 2026:KHC:18315 CRL.P No. 90 of 2026 If the petitioner violates any of the conditions stated supra, the prosecution is at liberty to seek cancellation of the bail granted to him. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 3