- 1 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 4123 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. MANU R @ MANOHARA @ SEVEN MANU S/O LATE RAVI, AGE 28 YEARS, R/AT NO.120, 2ND MAIN RAOD, 4TH CROSS, BAPUJINAGAR, BANGALORE 560026 (MANU.R @ MANOHARA@ SEVEN MANU SOWN INT HE CHARGE SHEET) …PETITIONER (BY SRI. HARISH KUMAR M.T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 SHO, BYATARAYANAPURA P.S BANGALORE – 560 003. REPT BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BANGALORE 560001 …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) ----- CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.294/2025 NOW NUMBERED AS SC.NO.1721/2025, FOR THE OFFENCES P/U/S 103(1), 238(a), 3(5) OF BNS, 2023, PENDING BEFORE THE HON’BLE LXV ADDL. CITY CIVIL AND SESSIONS JUGE (CCH-66) AT BANGALORE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 ORAL ORDER 1. This criminal petition is filed by the petitioner herein who is arrayed as accused No. 2 seeking regular bail in Crime No.294/2025 filed by the respondent-Police for the offences punishable under Section 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that one Shankar had lodged a complaint stating that he was living along with his family in the address stated in the complaint and he was working as an autorikshaw driver. It is stated that the deceased Kaushik was none other than the son of the elder brother of the complainant. On 08.09.2025 around 07.15 p.m., the complainant had received a message from his mother stating that Kaushik was killed by unknown persons. The complainant immediately went to the spot and learnt about the death of the deceased. It is further submitted that the complainant has learnt that Kaushik - 4 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 had been killed by Manohar and Chandan around 01.00 a.m. Therefore, he lodges a complaint against the petitioners. The respondent – Police, after registering the case, conducted the investigation and submitted the charge-sheet. 3. Heard Sri. Harish Kumar M.T., learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The entire case is based on circumstantial evidence. CW-2 is stated to be the eyewitness, however, he has not chosen to lodge the complaint. 5. The petitioner has aged mother and he has to take care of his mother and his family. He will abide by the conditions to be imposed by this Court in the event of his release on bail. The petitioner is a permanent resident of - 5 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 Bapujinagara, Bangalore. Hence, he may be enlarged on bail by allowing the petition. Making such submissions learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent – State of Karnataka vehemently submitted that the averments of the complaint indicates that the petitioner and another had intentionally picked up a quarrel with the deceased and assaulted him indiscriminately. It is stated that, the accused No.1 has dropped a size stone on the head of the deceased. The petitioner has assaulted the deceased with beer bottle. The overt-act against the petitioner is similar as that of another accused. Therefore, it is not appropriate to grant him bail. Making such submissions learned High Court Government Pleader for respondent prays to reject the petition. - 6 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 7. Heard learned counsel for the respective parties and perused the averments of the charge-sheet. It appears that the petitioner and another are the friends of deceased-Kaushik. On 05.09.2025 around 11.30 p.m. the deceased Kaushik had quarreled with the younger brother of accused No.1/CW-23 and threatened them with dire consequences. The petitioner had also been harassed by the deceased-Kaushik. Therefore, both accused Nos. 1 and 2 hatched conspiracy to commit the murder of the deceased. Hence, on 07.09.2025 at about 10.30 p.m., accused Nos. 1 and 2 learnt that deceased - Kaushik was consuming liquor at Madhura Bar & Restaurant situated at Mysore Road. They went there and picked up quarrel in the said Bar & Restaurant. The cashier of the said Madhura Bar & Restaurant sent them out from the bar. Thereafter, all of them went out of the said bar, taking advantage of the said situation accused Nos.1 and 2 assaulted the deceased and committed his murder. - 7 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 8. Be that as it may, the entire case is based on circumstantial evidence. The overt-act against the present petitioner is that he had assaulted the deceased with beer bottle. However, accused No.1 allegedly, dropped a size stone on the head of the deceased. Having considered the nature and gravity of the offence, it is appropriate to grant bail to the petitioner herein by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following : ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.294/2025 filed by the respondent-Police for the offences punishable under Section 103(1), 3(5) of the BNS, 2023, on executing a personal bond for a sum of - 8 - HC-KAR NC: 2026:KHC:23491 CRL.P No. 4123 of 2026 Rs.1,00,000/- (Rupees One Lakh) with one (01) surety to the like sum of 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 stated supra, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM