- 1 - HC-KAR NC: 2026:KHC:428 CRL.P No. 15411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15411 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SRI PAVAN R. @ SODA S/O RAJENDRA, AGED ABOUT 27 YEARS, R/AT NO.362, 7TH MAIN, 10TH CROSS, SHASTRI NAGARA, THYAGARAJANAGARA, BANGALORE. PERMANENTLY RESIDING AT NO.2/2A, KATHRIGUPPE EAST, BANASHANKARI 3RD STAGE, BANGALORE - 560 085. …PETITIONER (BY SRI. ADITYA S.K., ADVOCATE) AND: THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, BANASHANKARI P S, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:428 CRL.P No. 15411 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER WHO IS ARRIAGNED AS ACCUSED NO.2 ON BAIL IN CONNECTION WITH CRIME NO.101/2025 REGISTERED BY BANASHANKARI POLICE STATION, BENGALURU CITY FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 61, 189(2), 189(4), 191(2), 191(3), 103(1) AND 190 OF BNS, 2023 AND SECTIONS 25(1-B)(h) AND 4 OF ARMS ACT, 1959 WHICH CASE HAS CULMINATED IN THE FILING OF CHARGE SHEET IN C.C.NO.21189/2025 BEFORE THE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, SUBSEQUENTLY COMMITTED TO AND NOW PENDING TRIAL AS S.C.NO.1007/2025 BEFORE THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.1007/2025 (Crime No.101/2025 of Banashankari Police Station) pending on the file of LXIII - 3 - HC-KAR NC: 2026:KHC:428 CRL.P No. 15411 of 2025 Additional City Civil and Sessions Judge, Bengaluru, registered for offences punishable under Sections 61, 189(2), 189(4), 191(2), 191(3), 103(1) and 190 of Bharatiya Nyaya Sanhita, 2023 ad Sections 25(1-B)(h) and 4 of Arms Act. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. C.W.4 and C.W.6 were stated to be the eyewitnesses. In the charge sheet, they are not eyewitnesses to the incident, but they are eyewitnesses wherein they have seen the accused persons who came to the bar in search of C.W.9. Except recovery of blood stained machete and pant, there are no other materials against the petitioner. The alleged assault by this - 4 - HC-KAR NC: 2026:KHC:428 CRL.P No. 15411 of 2025 petitioner is on the back and it is not a fatal injury. The fatal injury has been caused by accused No.1 who assaulted on the head of the deceased. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner has assaulted the deceased with machete on his back and caused bleeding injury. C.W.4 and C.W.6 have identified the petitioner along with other accused persons who came to the bar in search of C.W.9. There is a death of an innocent boy who came to Bengaluru four days ago. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:428 CRL.P No. 15411 of 2025 6. The case of the prosecution is that, as there was enmity between accused No.1 and C.W.9, the accused persons planned to kill C.W.9 and in furtherance of the said plan, they formed unlawful assembly and went in search of C.W.9 and when the deceased started running, they thought that he is C.W.9 and accused Nos.1 to 3 assaulted with long chopper and machete on the deceased and caused his death. 7. C.W.4 and C.W.6 who are stated to be the eyewitnesses, but they are not eyewitnesses to the incident, but they have seen the accused persons came to the bar in search of C.W.9 holding weapons. There is a recovery of machete and blood stained pant at the instance of this petitioner. The alleged assault by this petitioner with a machete is on the back of the deceased. The postmortem report indicates that, the cause of death is due to head injury sustained associated with other injuries. - 6 - HC-KAR NC: 2026:KHC:428 CRL.P No. 15411 of 2025 8. Considering all the above aspects, the petitioner has made a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.1007/2025 (Crime No.101/2025 of Banashankari Police Station) pending on the file of LXIII Additional City Civil and Sessions Judge, Bengaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless - 7 - HC-KAR NC: 2026:KHC:428 CRL.P No. 15411 of 2025 exempted by the Court and cooperate for speedy disposal of the case. iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 13