- 1 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 16446 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SAMEER BISWAKARMA S/O LALITH BISHWAKARMA AGED ABOUT 21 YEARS R/AT RENTED HOUSE OF RADHA JANATHA COLONY OPPOSITE TO PAVANI RESIDENCY APARTMENTS PUTTENAHALLI YELAHANKA NEW TOWN BENGALURU-560064. …PETITIONER (BY SRI. MUZAFFAR AHMED., ADVOCATE) AND: STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 BANGALORE 560001 …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS SHOWN AS ACCUSED NO.2 IN CRIME NO.586/2024 REGISTERED BY THE RESPONDENT POLICE YELAHANKA NEW TOWN POLICE STATION FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 103 READ WITH SECTION 3(5) OF BNS WHICH IS PENDING BEFORE LEARNED THIS LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY (CCH-69) IN SC NO.465/2025 BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 ORAL ORDER 1. The petitioner is arrayed as accused No.2 seeking for regular bail in Crime No.586/2024 of Yelahanka New Town Police Station for the offences punishable under Section 103 read with Section 3(5) of Bharatiya Nayay Sanhita, 2023 pending on the file of the learned LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69) in SC No.465/2025. 2. The case of the prosecution is that Bikram Bishwakarma, Nepalese National was working as a Security Guard for CW1 and CW27 at No.12, Old Centum Racon Company Building, Industrial Area, Ajanta Apartment, Yelahanka New Town. He was residing in the security room. In the evening, he used to work as a part time worker between 06.00 p.m. and 10.30 p.m. at Digvijaya Hotel owned by CW13, located near Nava Chetana Hospital. The second deceased, Choto Turi, aged about 32 years, was a native of Bihar and had come to - 4 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 Bangalore about six months prior to the incident in search of employment. He was working as a bus driver for Garment Factory situated near Centum Raccoon Company building in Yelahanka New Town Industrial Area. 3. On completing his work on every day, he would park his bus in front of the factory and used to sleep inside the bus. He had acquainted with Bikram Bishwakarma, who lived in the security room of the vacant Centum Raccoon Company building opposite the same Garment Factory and would often visit him to sleep and take bath. Accused No.1 Sangam Bishwakarma and accused No.2/Sameer Bishwakarma, both are the residents of Nepalese National and were working as cooks for about two months in the Digvijaya Hotel owned by CW13. 4. It is alleged that the deceased, Bikram Bishwakarma, who was working as a part-time worker along with accused Nos.1 and 2, was known to the accused persons. The deceased used to talk regularly with - 5 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 CW23, with whom accused No.1 had an affair and affection. This led to quarrels between accused No.1 and the deceased. Accused Nos.1 and 2 developed in grudge against Bikram, and once they threatened to kill him for the said reason. 5. On 08.12.2024 at about 08.00 p.m, accused Nos.1 and 2 went to security room where Bikram was residing with an intention to commit murder. At that time, even Choto Turi was also present inside the room. Accused No.1 stabbed Bikram on the neck and forehead with a knife, then lifted a gas cylinder and dropped it on him. Thereafter, he took a sharp piece of tile from the floor and pierced it into Bikram's neck and throat. The tile piece got stuck inside and causing severe injuries leading to the death of the deceased/Bikram. During the incident, Choto Turi had attempted to intervene and settled the dispute. However, accused No.1 instigated accused No.2 to kill him, stating that if Choto Turi were left alive, he would reveal the murder of Bikram. Accordingly, accused No.2 - 6 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 stuck Choto Turi on the head with a cooker. When he fell down, accused No.2 lifted the gas cylinder and placed it on his chest, and thereafter, pierced his cheek, right side of his neck and forehead with a sharp tile piece and caused fatal injuries. Consequently, the deceased died at the spot. A complaint came to be lodged by the complainant against unknown person. During the course of investigation, the involvement of the petitioner and another accused was revealed. Accordingly, the police have filed the charge sheet against the petitioner and another. 6. The submission of the learned counsel for the petitioner is that petitioner is innocent of the alleged offence. The entire case is based on circumstantial evidence. Merely because, the petitioner had quarrelled with the deceased Bikram, it is not sufficient to deny bail as the case is based on circumstantial evidence. The petitioner is innocent of the alleged offence and is residing in a rented house, as stated in the address shown in the cause title. He will abide by the conditions to be imposed - 7 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 by this Court. Making such submission, he prayed to allow the petition. 7. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner herein, along with another accused, committed a brutal murder and killed two persons who were working as a security guard and a driver, respectively. The manner in which the offence was committed would indicate the gruesome nature of the said murder. If the petitioner is granted bail, there may be chances of not only committing the similar offences, but also fleeing away from justice. The petitioner is a Nepalese resident. Once he went to Nepal, it would be very difficult to secure his presence. Therefore, it is not appropriate to grant him bail. Making such submission, he prayed to reject the petition. 8. Heard the submission of the learned counsel for the respective parties and perused the averments made in - 8 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 the complaint and also the charge sheet. It would indicate that accused No.1 had developed an affection towards CW-23. He used to speak with her, and the deceased, Bikram, was also speaking with her, which was not liked by accused No.1. The investigation would indicate that accused Nos.1 and 2, on the date of the alleged incident, had been to the security room where the deceased was working as a security guard and committed his murder. The post-mortem report would indicate that a number of fatal injuries were inflicted on the deceased. It appears that the incident is a gruesome murder. Moreover, the petitioner is a citizen of Nepal. At present, the matter is at the stage of fixing the date for trial. Hence, it is appropriate to direct the Trial Court to expedite the trial at the earliest. In the light of the observation made above, I proceed to the following. ORDER - 9 - HC-KAR NC: 2026:KHC:14491 CRL.P No. 16446 of 2025 i) The petition stands rejected. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 20