IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2913 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

JAGADISH T @ JAGADEESHA T @ JAGGI AGED ABOUT 29 YEARS, S/O. LATE TANGAVELU, RESIDING AT NO.18, NAGARABHAVI, NEAR B.D.A. COMPLEX, BENGALURU - 560 091.

(NOW UNDER DURESS AT THE CENTRAL PRISON, BELGAUM)

…PETITIONER (BY SRI. RAGHAVENDRA K., ADVOCATE)

AND:

STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, HULIYURDURGA POLICE STATION, TUMKUR DISTRICT - 572 123, Digitally signed by REPRESENTED BY THE STAT PUBLIC PROSECUTOR, NANDINI B G HIGH COURT OF KARNATAKA, Location: High Court of Karnataka BENGALURU - 560 001.

…RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER HIS ENLARGEMENT ON BAIL IN RELATION TO THE CASE IN S.C.NO.193/2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 120B, 341, 302, 201, 109, 212 READ WITH SECTION 149 OF THE INDIAN PENAL CODE IN CR.NO.279/2023 HULIYURDURGA P.S., PENDING ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU.

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.9 in SC.No.193/2024, pending before the Court of VI^th Additional District and Sessions Judge, Tumakur, arising out of Crime No.279/2023 registered by Huliyurdurga Police Station, for the offences punishable under Sections 143, 147, 148, 120B, 341, 302, 201, 109, 212, 149 of the Indian Penal Code (for short 'the IPC') is before this Court under Section 439 of Cr.P.C seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.279/2023 was registered by Huliyurdurga police station, initially for the offences punishable under Sections 143, 147, 148, 120B, 114, 302 and 149 of IPC against Auto Rama and other six persons on the basis of the first information dated 30.12.2023 received from Venkataramu Alias Ooty, who is the father of the deceased - Suresha.

4. During the course of investigation of the case, the petitioner herein was arrested on 06.01.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been field against 21 persons and petitioner is arrayed as accused No.9 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.117/2025 was rejected on

10.02.2025. Therefore, he is before this Court.

5. Learned counsel for the petitioner submits that similarly placed accused Nos.8 and 12 have been granted regular bail by this Court in Crl.P.No.144/2025 and Crl.P.No.2113/2025. Eye witnesses have not made any specific allegation of overt act as against the petitioner herein. Petitioner has been enlarged on bail in the other criminal case, which was registered against him in the year 2017. Thereafter, he is not involved in any other criminal case. Accordingly, prays to allow the petition.

6. 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.

7. Perusal of the material on record and the orders passed by this Court granting bail to the other co-accused would go to show that allegation of assaulting deceased- Suresha is as against accused Nos.3, 5, 6 and 8 to 13. Accused Nos.1, 2, 4 and 14 to 21 allegedly had conspired with the aforesaid accused to commit the murder of deceased-Suresh. CWs.2 and 3 are the alleged eye witnesses to the incident in question and in their statement under Section 161, as well as under Section 164 of Cr.P.C, specific allegations are made by CWs.2 and 3 only as against accused No.3-Nagesha. It is under these circumstances, this Court has granted regular bail to accused No.8 and 12.

8. Perusal of the material on record would go to show that the material available against the petitioner is similar to accused Nos.8 and 12, who have b