- 1 - HC-KAR NC: 2026:KHC:13210 CRL.P No. 34 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 34 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: KOWSHIK S/O SHANKAR AGED ABOUT 21 YEARS R/A: HAROHALLI SINGANAYAKANAN POST, YALAHANKA TALUK, BENGALURU – 560 064. (AT PRESENT HE IS IN JC) …PETITIONER (BY SRI. KARTHIK M, ADVOCATE) AND: THE STATE BY Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13210 CRL.P No. 34 of 2026 DEVANAHALLI P.S (REP BY HCGP H.C.K. BANGALORE - 01) …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) *** THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.57/2025 FOR OFFENCES U/S 140, 103 R/W 3(5) OF BNS OF DEVANAHALLI P.S. THE V ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, SITTING AT DEVANAHALLI P.S. AND ETC., 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:13210 CRL.P No. 34 of 2026 ORAL ORDER The petitioner/accused No.3 is before this Court seeking for grant of regular bail in Crime No.57/2025 of respondent-police for the offence under Sections 103, 140 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that the deceased Preetham is the son of the complainant. He was working as a delivery boy at Zepto Company situated at Sulibele. Preetham and Pallavi were loving each other. CW.14-Pallavi went to Chitradurga for her studies. Even, Preetham was visiting frequently to meet her. It is alleged that Preetham had obscene photographs and videos of her and kept in his mobile. CW.14 tried to maintain distance with Preetham as she wants to pursue her studies. However, Preetham sent obscene photographs and videos to her. - 4 - HC-KAR NC: 2026:KHC:13210 CRL.P No. 34 of 2026 3. Prior to two months of commission of the alleged offence, the relative of CW.14 namely Shrikanth had seen the mobile and noticed obscene photographs. Thereafter, he learnt that the deceased Preetham had sent those photographs and videos. Accused No.1 in order to commit the murder of the deceased, took the help of other accused, namely, accused Nos.2 to 6 and came to Zepto Sulibele Hub, where the deceased was sitting along with CWs.2 and 3 in the temporary shed. It is alleged that, accused Nos.1 to 6 kidnapped Preetham in a car and assaulted him and taken to the playground of Vishwanathapura Primary School. Accused No.1 assaulted the deceased with hand on stomach, head and chest and caused bleeding injury and committed his murder. Hence, a complaint has been filed. On the basis of the said complaint, the respondent- Police have registered a case in Crime No.57/2025 and conducted investigation. Thereafter, submitted the charge sheet. - 5 - HC-KAR NC: 2026:KHC:13210 CRL.P No. 34 of 2026 4. Heard Sri.Karthik M., learned counsel for the petitioner and Sri.Rangaswamy R., learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner is that, the entire case is based on circumstantial evidence. The overt act of the present petitioner is that he had assaulted with other accused and committed murder of the deceased. However, there is no eyewitness to disclose the actual overt act of the petitioner. It is further submitted that other accused namely, accused Nos.4, 5 and 6 have been enlarged on bail by a Co-ordinate Bench of this Court. Hence, the petitioner may also be enlarged on bail on parity. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent - State vehemently submitted that merely because other accused have been enlarged on bail - 6 - HC-KAR NC: 2026:KHC:13210 CRL.P No. 34 of 2026 is not a ground to grant bail on parity. The Court has to assess and analyse the overt act of the petitioner before arriving at a conclusion. Hence, the petition may be rejected. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and perused the materials available on record. It appears from the record that the petitioner is arraigned as accused No.3. It is alleged that he had been to kill the deceased along with other accused. It is further alleged that he had committed the murder by assaulting the deceased along with others. However, a Co-ordinate Bench of this Court after having noticed the gravity and also nature of offence, granted bail to accused Nos.4 to 6 by imposing suitable conditions. It appears that the present petitioner is also standing on the same footing as that of other accused who have been enlarged on bail by this Court. Hence, it is appropriate to extend the said benefit to the petitioner also. - 7 - HC-KAR NC: 2026:KHC:13210 CRL.P No. 34 of 2026 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail Crime No.57/2025 of respondent-police for the offence under Sections 103, 140 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper 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. - 8 - HC-KAR NC: 2026:KHC:13210 CRL.P No. 34 of 2026 (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 36