IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 940 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

SRI MAHESHA S/O CHANDRASHEKARAIAH, AGED ABOUT 20 YEARS, R/O. DEVARAMUDDANAHALLI VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT – 573210.

…PETITIONER (BY SRI YADUNANDAN N., ADVOCATE)

AND:

STATE OF KARNATAKA, REPRESENTED BY PUBLIC PROSECUTOR, CHANNARAYAPATNA TOWN, POLICE STATION – 573116, REP. BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING BANGALURU-560001.

…RESPONDENT (BY SRI M.R. PATIL, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.213/2024 ON THE FILE OF 4^TH ADDITIONAL DISTRICT AND SESSIONS JUDGE HASSAN DISTRICT AT CHANNARAYAPATNA (CR.NO.189/2024 REGISTERED BY CHANNARAYAPATNA TOWN POLICE) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 311, 352,351(2), 351(3), 310(2), 309(6) AND 312 OF BNS, NOW CASE PENDING ON PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT , CHANNARAYAPATNA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.7 in Crime No.189/2024 registered by Channarayapatna Town Police Station, Hassan, for the offences punishable under Sections 311, 352, 351(2), 351(3) 310(2), 309(6) & 312 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.189/2024 was registered by Channarayapatna Town Police Station, Hassan District, for the aforesaid offences on the basis of first information dated 28.07.2024 received from Manikanta M.S. S/o Somanna T.N. against five unknown persons. During the course of investigation, the petitioner was arrested on 28.07.2024 and subsequently, remanded to jurisdictional custody. Investigation of the case is completed and charge sheet has been filed as against eight persons.

4. Petitioner is arrayed as accused No.7 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in S.C.No.231/2024 was rejected on 12.12.2024. Therefore, he is before this Court.

5. Learned Counsel for the petitioner submits that accused No.4 has been granted regular bail by this Court in Crl.P.No.12644/2024 and accused Nos.5 & 8 have been granted regular bail by this Court in Crl.P.No.524/2025 and Crl.P.No.578/2025. Allegation against the petitioner and the said accused is similar. Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP who has opposed the prayer made in the petition, does not dispute the submission made by the learned Counsel for the petitioner.

7. This Court considering the nature of allegations found as against the accused persons and also the recovery made has granted regular bail to accused No.4 in Crl.P.No.12644/2024 and accused Nos.5 & 8 have been granted regular bail by this Court in Crl.P.No.524/2025 & Crl.P.No.578/2025. Undisputedly, the petitioner has no other criminal antecedents, except the present case and the subsequent case in Crime No.35/2024, in which he was produced under body warrant after he was arrested in the present case. Investigation of the case is completed and charge sheet has been filed. Allegations as against the petitioner herein and the accused persons who have been earlier granted bail by this Court are similar. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order.

ORDER i. The petition is allowed.

ii. The petitioner is directed to be enlarged on bail in Crime No.189/2024 of Channaryapatna Town Police Station, Hassan, registered for the offences punishable under Sections 311, 352, 351(2), 351(3) 310(2), 309(6) & 312 of BNS, 2023, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sure