IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3873 OF 2025 BETWEEN:

1. SATHYA (A-2)

S/O PERUMAL AGED ABOUT 30 YEARS OCC COOLIES, R/AT NO.63

6TH CROSS, 6TH MAIN HIMALAYA GALLI OPP HINDUSTHAN LODGE GANDHINAGARA BENGALURU - 560 009.

2. PRAKASH J (A-3)

S/O LATE JAYARAM AGED ABOUT 42 YEARS OCC DRIVER, R/AT NO.2

6TH MAIN, HIMALAUYA HUTS GANDHINAGARA BENGALURU - 560 009.

Digitally signed …PETITIONERS by NANDINI MS (BY SRI CHANDAN B.A, ADV., FOR Location: HIGH SRI BHADRAVADI SIDDESWARA, ADV.)

COURT OF KARNATAKA AND:

THE STATE OF KARNATAKA BY UPPARPET POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU CITY PIN - 560 009.

…RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THEM ON BAIL IN CRIME NO.276/2024 OF UPPARPET POLICE STATION, BENGALURU CITY, REGISTERED FOR OFFENCE P/US/ 103(1),189(2),190,238 OF BNS 2023 WHICH IS STILL PENDING ON THE FILE OF THE V ACJM BENGALURU CITY. 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 Nos.2 and 3 in Crime.No.276/2024 registered by Upparpet Police Station, Bengaluru City for the offences punishable under Sections 103(1), 189(2), 190, 238 of BNS, 2023 are before this Court under Section 483 of BNS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime.No.276/2024 was registered by Upparpet Police Station, Bengaluru for the aforesaid offences against Mohan and others on the basis of the first information dated 19.11.2024 submitted by Vinodraj E S/o Eraiah. During the course of investigation, the petitioners were arrested on 24.11.2024 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against fourteen persons. The petitioners herein are arrayed as accused Nos.2 and 3 in the charge sheet.

4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.1538/2025 was rejected on 03.03.2025. Therefore, they are before this Court.

5. Learned counsel appearing for petitioners submits that accused No.1 has been granted regular bail by this Court in Crl.P.No.3227/2025. The petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP who has opposed the bail application however does not dispute the submission made by the learned counsel for the petitioners.

7. The material on record would go to show that name of the petitioner is not found in the FIR. During the course of investigation, the petitioners herein were arrested on 24.11.2024 and ever since then they are in custody. Investigation of the case is complete and charge sheet has been filed. The allegation of stabbing deceased on his thigh with a knife is as against accused No.1, who has been granted regular bail by this Court in Crl.P.No.3227/2025 disposed of on 21.03.2025. Insofar as the petitioners are concerned allegation as against them is that they had assaulted deceased with their hands.

8. Perusal of the charge sheet material would go to show that, allegation as against the petitioners, who are arraigned as accused Nos.2 and 3 is omnibus in nature. Undisputedly, the petitioners do not have any criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioners' prayer for grant of regular bail requires to be answered affirmatively.

9. Accordingly, the following:

ORDER

The Criminal Petition is allowed The petitioners are directed to be enlarged on bail in Crime.No.276/2024 registered by Upparpet Police Station, Bengaluru City for the offences punishable under Sections 103(1), 189(2), 190, 238 of BNS, 2023, subject to the following conditions:

a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with tw