IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5067 OF 2025 BETWEEN:

SRI KIRANRAJ C S/O SRI P. CHELUVARAJ AGED ABOUT 24 YEARS RESIDING AT NO.41, 1ST CROSS HOYSALANAGAR, NAGARABHAVI BENGALURU - 560 072.

…PETITIONER (BY SRI GOPI N, ADV.)

AND:

STATE OF KARNATAKA BY UPPARPET POLICE STATION BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU.

…RESPONDENT Digitally signed by (BY SMT. N. ANITHA GIRISH, HCGP)

NANDINI MS Location:

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

HIGH COU RT OF PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.276/2024 KARNATAKA SAME REGISTERED AS S.C.NO.317/2025 OF RESPONDENT UPPARPERT P.S. BENGALURU DISTRICT FOR THE ALLEGED OFFENCE P/U/S 103(1),189(2),190,238 OF BNS WHICH IS PENDING BEFORE THE HONBLE COURT OF LXVI ADDL.CITY CIVIL AND SESSIONS JUDGE 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 No.13 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 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. Learned counsel for the petitioner submits that accused No.1 has been granted regular bail by this court in Crl.P.No.3227/2025 disposed of on 21.03.2025. As against the petitioner only allegation is that he had caused disappearance of material evidence in the present case and therefore offence punishable under Section 238 of BNS, 2023 is invoked against him. Accordingly, he prays to allow the petition.

4. Learned HCGP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner.

5. Perusal of the material on record would go to show that, FIR in Crime No.276/2024 was registered by Upparpet Police Station, Bengaluru initially against Mohan and others for the aforesaid offences. During the course of investigation, the petitioner was arrested on 12.12.2024. After completing investigation, charge sheet has been filed. The petitioner herein is arraigned as accused No.13 in the charge sheet.

6. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.2517/2025 was dismissed on 26.03.2025.

Therefore, he is before this Court.

7. Accused No.1 as against whom there is an allegation of stabbing deceased on his thigh has been granted regular bail by this Court in Crl.P.3227/2025 disposed of on 21.03.2025. Insofar as the petitioner is concerned, offence alleged in the charge sheet is punishable under Section 238 of BNS, 2023.

8. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

9. Accordingly, the following:

ORDER

Criminal 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 BNS, 2023, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

Sd/-

(S VISHWAJITH SHETTY)

JUDGE NMS