IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3430 OF 2025 BETWEEN:

SRI SAKTHIVEL T AGED ABOUT 35 YEARS S/O THANGAVELU RESIDING AT AYODHYA NAGARA, BALLUPETE BELAGODU HOBLI CHIKKANAYAKANAHALLI SAKALESHPURA TALUK HASSAN DISTRICT - 573 134.

…PETITIONER (BY SRI PRAVEEN C, ADV.)

AND:

THE STATE OF KARNATAKA Digitally signed by ALUR POLICE STATION NANDINI MS HASSAN DISTRICT - 573 213 Location:

HIGH COURT REPRESENTED BY SPP OF HIGH COURT BUILDING KARNATAKA BENGALURU - 560 001.

…RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)

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

CR.P.C PRAYING TO REGULAR BAIL IN CRIME NO.202/2024 FOR AN ALLEGED OFFENCE P/US/ 126(2),109 OF BNS 2023 REGISTERED BY ALUR POLICE STATION, HASSAN DISTRICT, NOW PENDING BEFORE THE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT AT ALUR, HASSAN DISTRICT.

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused No.4 in Crime No.202/2024 registered by Alur Police Station, Hassan, for the offences punishable under Sections 126(2) and 109 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.202/2024 was registered by Alur Police Station, Hassan District, initially for the offences punishable under Sections 126(2) and 109 of BNS, 2023, against unknown persons based on the first information dated 18.12.2024 received from Lingaraju - father of injured Dushyantha Kumar. During the course of investigation, petitioner was arrested on 05.01.2025. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.145/2025 was rejected on

14.02.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that FIR in the present case was registered against unknown persons. After completing investigation, charge sheet has been filed against six persons. Petitioner is arraigned as accused No.4 in the charge sheet. Accused Nos.1, 2 and 6 have been granted regular bail by this Court. The allegation against petitioner and other accused, who have been enlarged on bail are similar.

Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner.

6. A perusal of the material on record would go to show that FIR was initially registered against unknown persons by the father of the injured victim Dushyantha Kumar. During the course of investigation, petitioner was arrested on 05.01.2025. After completing investigation, charge sheet has been filed against six accused persons. Petitioner is arraigned as accused No.4 in the charge sheet. It is not in dispute that petitioner has no other criminal antecedents. It appears that injured Dushyantha Kumar had certain financial transactions with accused persons and it is in this background, petitioner along with other accused persons had conspired to commit his murder and in furtherance of such conspiracy, Dushyantha Kumar was assaulted on 17.12.2024. Injured Dushyantha Kumar, who was admitted in the Hospital has already been discharged and his condition is said to be stable. Accused Nos.1, 2 and 6 have been granted regular bail by this Court in Crl.P.No.3041/2025 C/w Crl.P.No.3092/2025 and Crl.P.No.3218/2025. 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. Accordingly, the following order:-

7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.202/2024 registered by Alur Police Station, Hassan, for the offences punishable under Sections 126(2) and 109 of BNS, 2023, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum