IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5629 OF 2025 BETWEEN: P. KARTHIK S/O LATE V. PRAKASH AGED ABOUT 40 YEARS R/AT NO. 07, E STREET BEHIND MUTHYALAMMA TEMPLE SHIVAJINAGAR BANGALORE - 560 001.

…PETITIONER (BY SRI SYED MUZAKKIR AHMED, ADV.)

AND:

STATE OF KARNATAKA BY BAGALUR POLICE BANGALORE DISTRICT - 562 149 (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR Digitally HIGH COURT OF KARNATAKA signed by NANDINI MS BANGALORE - 560 001)

Location: …RESPONDENT HIGH COURT OF (BY SMT. N. ANITHA GIRISH, HCGP)

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

PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.6/2025 OF BAGALUR POLICE STATION, BANGALORE DISTRICT FOR OFFENCES UNDER SECTIONS 103(1), 238 READ WITH SECTION 3(5) OF B.N.S AND UNDER SECTION 25(1)(1A)(1AA), 25(1)(1B)(a)(c), 27(1)(2)(3) AND SECTION 29(a) OF THE ARMS ACT, 1959, WHICH IS PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JMFC, DEVANAHALLI, BANGALORE RURAL DISTRICT, ON SUCH TERMS AND CONDITIONS.

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.2 in Crime No.6/2025 registered by Bagalur Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 238 and 3(5) 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.6/2025 was registered by Bagalur Police Station, Bengaluru City, for the aforesaid offences against one Brijesh and unknown persons based on the first information dated 12.01.2025 received from Joshphine W/o Guna. During the course of investigation, petitioner herein was arrested on 26.01.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.15053/2025 was rejected on 07.04.2025.

Therefore, he is before this Court.

4. A perusal of the material on record would go to show that allegation of committing murder of deceased Guna is as against accused No.1 Brijesh, who is already arrested and remanded to judicial custody. The allegation insofar as petitioner is concerned is about assisting accused No.1 to destroy the evidence by carrying the dead body of the deceased to Tamilnadu and thereafter, assisting accused No.1 to burn the dead body of deceased Guna. It is not in dispute that petitioner has no other criminal antecedents and is in custody from 26.01.2025. Learned Addl. SPP has fairly submitted that investigation of the case is completed and charge sheet is ready. 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:-

5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.6/2025 registered by Bagalur Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 238 and 3(5) of BNS, 2023, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/-

(S VISHWAJITH SHETTY)

JUDGE DN