IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.4868 OF 2025 BETWEEN:

SRI. KARTHIK .M @ KATU S/O LATE MAILARAPPA AGED ABOUT 38 YEARS R/AT. NO.236, 4TH CROSS VIVEKANANDA BLOCK, PIPELINE MALLESHWARAM BANGALORE CITY -560003.

Digitally signed …PETITIONER by ARSHIFA BAHAR KHANAM (BY SRI. NARAYANASWAMY K.N. ADV.,)

Location: Hig h Court of AND:

karnataka THE STATE OF KARNATAKA UPPARPET POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BANGALORE-560001.

…RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF BHARATHIYA NAGARIK SURAKSHA SANHITA-2023 IN (CRIME NO.276/2024) SC.NO.317/2025 OF UPPARPET POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 189(2), 190 AND 238 BHARATIYA NYAYA SANHITA-2023, PENDING ON THE FILE OF LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-67) AT BANGALORE IN THE INTEREST OF JUSTICE.

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.12 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 the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 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 City, for the aforesaid offences against Mohan and others on the basis of the first information dated 19.11.2024 submitted by Vinod Raj E S/o. Eraiah. During the course of investigation, the petitioner herein was arrested on 06.12.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against 14 persons. Petitioner is arrayed as accused No.12 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2102/2025 was rejected on 24.03.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that accused No.1, as against whom an allegation of stabbing the deceased on his thigh is found in the charge sheet, has been granted regular bail by this Court in Crl.P.No.3227/2025. Accused Nos.2 & 3 have been granted regular bail by this Court in Crl.P.3873/2025. He submits that petitioner has no other criminal antecedents.

Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner.

6. Perusal of the material on record would go to show that the allegation of stabbing the deceased with a knife on his thigh is found against accused No.1, who has been granted regular bail by this Court in Crl.P.3227/2025 disposed of on 21.03.2025. Accused Nos.2 & 3 have been granted regular bail by this Court in Crl.P.3873/2025 disposed of on 07.04.2025. The allegation against the petitioner in the charge sheet is that he had attempted to cause disappearance of the evidence in the present case. Therefore, the offence punishable under Section 238 of BNS, 2023, has been invoked against him in the present case and the petitioner, who has no other criminal antecedent, is in custody from 06.12.2024. Under the circumstances, I am of the opinion that the prayer of the petitioner, for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:

ORDER

The petition is allowed. The petitioner is 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 the Bharatiya Nyaya Sanhita (BNS), 2023, sub