- 1 - HC-KAR NC: 2026:KHC:23669 CRL.P No. 16988 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR CRIMINAL PETITION NO. 16988 OF 2025 BETWEEN: SAGAR S/O SATHISH, AGED ABOUT 20 YEARS, RESIDING AT 1ST FLOOR, 3RD CROSS, BHUVANESHWARINAGAR, OPP.TO CHAMUNDI TEMPLE, SUNKADAKATTE, MAGADI MAIN ROAD,-560091 BENGALURU. …PETITIONER (BY MS. JAYANTHI R., ADVOCATE) AND: STATE OF KARNATAKA BY K.P.AGRAHARA P.S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SRI. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASED THE PETITIONER, ARRAYED AS ACCUSED NO.1 ON BAIL IN CRIME NO.01/2025 (SC NO.582/2025) PENDING BEFORE THE HONBLE COURT OF LXV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CCH-66, PERTAINING TO THE K.P.AGRAHARA POLICE STATION FOR THE OFFENCE P/U/S 103(1), 61(2), 189(2), 189(4), 191(2), 191(3), 190 OF BNS ACT. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23669 CRL.P No. 16988 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner/Accused No.1 and learned HCGP for the State. 2. This petition is filed by petitioner/accused No.1 under Section 483 of the BNSS, 2023. 3. The brief facts of the case are that on the basis of a complaint lodged by one Shanthamma, the respondent-police registered a case against the accused persons in Crime No.1/2025 for the offences punishable under Sections 103(1), 61(2), 189(2), 189(4), 191(2), 191(3) read with Section 109 of BNS Act. 4. It is the case of the prosecution that on 01.01.2024 at about 01.20 hours, in front of D.No.21, Ganesh temple road, 3rd main (old 18th cross), Bhuvaneshwarinagar, a quarrel took place between the - 3 - HC-KAR NC: 2026:KHC:23669 CRL.P No. 16988 of 2025 deceased Kushal.M @ Ghatta and accused Nos.1 and 2 and juvenile No.2 with respect to taking of beer bottles of the accused by CW.2. On that grudge, the accused Nos.1 to 5 and Juvenile Nos.1 and 2 hatched a plan to take away the life of the said deceased, and subsequently, by collecting the deadly weapon- long, they went to the spot, and accused No.1 assaulted the deceased on his head with a long and when C.Ws.2 to 4 came to the rescue of the deceased, the accused assaulted them with stones. The injured deceased was later shifted to the hospital and at K.C. General hospital, he succumbed to the injuries. 5. It is the contention of the learned counsel for petitioner that the petitioner/accused No.1 is innocent. He has not committed any offence. The entire version of the complainant is concocted and fabricated, so also the case made out by the prosecution as no offence is made out as against the petitioner/accused No.1. It is also contended by learned counsel that allegations made against petitioner/accused No.1 is omnibus and general statement - 4 - HC-KAR NC: 2026:KHC:23669 CRL.P No. 16988 of 2025 of conspiracy without any cogent, direct, independent evidence against the petitioner/accused No. 1. 6. The mere presence of the accused at the scene of the offence cannot implicate him for a heinous offence without there being any overt act or materials on record. It cannot be assumed that the petitioner/accused No.1 was involved in the offence. Therefore, there is sufficient material for grant of bail. It is also contended that the accused Nos.2 and 4 approached this Court in Criminal Petition No. 12219/2025 and accused No.3 in Criminal Petition No. 8646/2025, and they were granted bail on 17.09.2025 and 08.07.2025, respectively. Therefore, on the ground of parity, the learned counsel for the petitioner/accused No.1 seeks the petition be allowed and petitioner/accused No.1 be granted bail, and he is ready to abide by any strict conditions imposed by this Court. 7. Per contra, learned HCGP vehemently contends that there is a serious offence made out against the - 5 - HC-KAR NC: 2026:KHC:23669 CRL.P No. 16988 of 2025 accused No.1. There are several overt acts against accused No.1 who assaulted the deceased with a long and deadly weapons. There was a clear conspiracy made out that there is motive and intent as against accused No.1, merely for the reason that the other accused have been granted bail; it would not be a ground on parity for the grant of bail to the petitioner/accused No.1 herein. 8. It is also contended by learned HCGP that the articles have been recovered and seized and the charge sheet has been laid and witnesses' evidence is in the midway. There are 1 to 45 witnesses, 2 to 5 are eyewitnesses, and they have not been cross examined yet. Hence, if the petitioner/accused No.1 is released on bail, there is every chance of the petitioner hampering and tampering with the prosecution witness and also interfering in the ongoing trial and causing delay in the trial. Therefore, he contends that a prima facie case is made out against accused No.1. The eyewitnesses are yet - 6 - HC-KAR NC: 2026:KHC:23669 CRL.P No. 16988 of 2025 to depose before the Court. On these grounds, he seeks the denial of the bail and to reject the petition. 9. I have heard learned counsel for the petitioner/accused No.1 and learned HCGP. After arguing for some time, learned counsel for the petitioner/accused No.1 submits that she may be granted liberty to approach this Court for the grant of bail after the evidence of the eyewitnesses is recorded. The said submission is taken on record. This Court is also not inclined to grant bail to the petitioner/accused No.1 as there are several materials available on record to show that the offence as alleged indicates a heinous offence as against the petitioner/accused No.1. 10. The witnesses are yet to be examined and cross examined and they are crucial to the case on hand i.e., eye witnesses. Therefore, this Court deems it appropriate to pass the following order. - 7 - HC-KAR NC: 2026:KHC:23669 CRL.P No. 16988 of 2025 ORDER The petition is dismissed. However, liberty is reserved to the petitioner/accused No.1 to approach this Court for the grant of bail after the recording of evidence of CW-2 to CW-5. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 2