- 1 - HC-KAR NC: 2026:KHC:18008 CRL.P No. 15336 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 15336 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SANTHOSH KUMAR @ SANTHOSH KUMAR BUDI S/O GALAPPA AGE ABOUT 20 YEARS R/A NO 5TH CROSS, ULLALA NEW TOWN BANGALORE CITY PIN 560060. &PETITIONER (BY SRI. G RAKESH RAJ.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PEENYA PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA COMPLEX, BENGALURU - 560001 &RESPONDENT (BY SMT.ASNA KOUSER, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18008 CRL.P No. 15336 of 2025 SC.NO.989/2025 ARISING OUT OF CR.NO.187/2025 REGISTERED BY PEENYA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 309(4), 103(1), 140(1), 238, 3(5) OF BNS, PENDING BEFORE THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-68) BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is accused No.1 seeking regular bail in SC No.989/2025 arising out of Crime No.187/2025 of respondent/Police for the offences punishable under Sections 309(4), 103(1), 140(1), 238, 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned LXVII Additional City Civil and Sessions Judge, Bangalore (CCH-68), Bengaluru City. 2. The case of the prosecution is that a complaint was registered by Krishnegowda, stating that he noticed a dead body lying near his under-construction house and informed the respondent police about the said incident. Based on the said information, the respondent police - 3 - HC-KAR NC: 2026:KHC:18008 CRL.P No. 15336 of 2025 registered a case and took up an investigation. During the course of the investigation, it had been revealed that on 05.04.2025 at about 7.58 p.m., when the deceased was proceeding towards his house situated near Machohalli Forest Gate, accused No.1 and others came in an autorickshaw, stopped him, and asked him to get into the autorickshaw. When he refused, they forcibly took him in the said autorickshaw and thereafter committed the offences as stated above. 3. Based on the above further information, they received the respondent/police have conducted an investigation and submitted a charge sheet. 4. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The entire case of the prosecution is based on circumstantial evidence. No test identification parade has been conducted for the purpose of identifying the - 4 - HC-KAR NC: 2026:KHC:18008 CRL.P No. 15336 of 2025 assailants. The petitioner is aged about 20 years old and is the sole earning member of his family. He has to take care of his aged parents. Hence, he may be enlarged on bail by imposing suitable conditions. Making such a submission, he prays to allow the petition. 5. Per contra, the learned Additional State Public Prosecutor for the respondent/State vehemently submitted that accused No.1 has criminal antecedents. The investigation has disclosed that he, along with the other accused, had committed the murder of a person who was the breadwinner of his family. 6. It is further submitted that the murder has been committed for a meagre amount. If the petitioner is enlarged on bail, there may be chances of committing similar offences, and also there may be chances of fleeing from justice. Therefore, it is not appropriate to grant him bail. Making such a submission, the learned Additional State Public Prosecutor prays to reject the petition. - 5 - HC-KAR NC: 2026:KHC:18008 CRL.P No. 15336 of 2025 6. Heard the learned counsel for the respective parties. Perused the averments of the charge sheet. 7. It appears that the petitioner and other accused are alleged to have committed the alleged offences as stated in the charge sheet. However, the entire case of the prosecution is based on circumstantial evidence. No test identification parade has been conducted. Though CW314 is stated to have identified the autorickshaw, and he is cited as a witness to the last seen theory, the fact remains that the charge sheet has been filed mainly based on the voluntary statements of the co - accused. Therefore, it is appropriate to grant him bail without adverting to the merit of the case. Hence, 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.187/2025 of respondent/police for the offences punishable under Sections 309(4), 103(1), 140(1), 238, 3(5) of Bharatiya Nyaya Sanhita, 2023 - 6 - HC-KAR NC: 2026:KHC:18008 CRL.P No. 15336 of 2025 pending on the file of the learned LXVII Additional City Civil and Sessions Judge, Bangalore (CCH-68), Bengaluru City on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. v) The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 6