IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14328 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. YASHWANTH S S/O SHIVALINGEGOWDA AGED ABOUT 22 YEARS R/AT No.42, 2^ND STAGE KONANAKUNTE CROSS BEHIND GOKULA APARTMENT DODDAKALLASANDRA, SIDDAPPA LAYOUT, BENGALURU -560 062.

YASHWANTH.S, S/O SHIVALINGEGOWDA AGED ABOUT 22 YEARS R/AT PRESENT THATAGUNI, AGARA CROSS, KENGERI HOBLI, BANGALORE SOUTH TALUK, BENGALURU DISTRICT.

Digitally signed by LAKSHMINARA YANA KARNATAKA – 560 082.

MURTHY RAJASHRI Location: HIGH COURT OF PERMANENT KARNATAKA CHEERANAKUPPE VILLAGE KASABA HOBLI KANAKAPURA TALUK BENGALURU SOUTH KARNATAKA-562 117.

…PETITIONER (BY SRI. HEMANTHA B, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY HAROHALLI POLICE STATION BENGALURU SOUTH DISTRICT.

BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU- 560 001.

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

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN S.C.No.5045/2025 (ARISING OUT OF CR.No.113/2025), OF RESPONDENT HAROHALLI POLICE, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS

61(2)(a), 49, 281, 125(a), 103(1), 249, 190 OF BNS.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.5 under Section

483 of BNSS praying to grant bail in S.C.No.5045/2025 (arising out of Cr.No.113/2025 of Harohalli Police Station) registered for the offences punishable under Sections 61(2)(a), 49, 281, 125(a), 103(1), 249, 190 of BNS, pending on the file of II Additional District and Sessions Judge, Bengaluru South District, Sitting at Kanakapura.

2. Heard learned counsel for the petitioner and learned Additional SPP for respondent – State.

3. Learned counsel for the petitioner would contend that there is no overt act alleged against this petitioner. The overt act is alleged against accused No.2 assaulting the deceased with long-chopper and committing his murder. The allegation against the petitioner is conspiracy with other accused to kill the deceased and taking his auto rickshaw and giving clothes to accused No.1 and 2 to change and dropping them in the auto rickshaw. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these he prayed to allow the petition.

4. Per contra, learned Addl.SPP would contend that this petitioner has conspired with other accused to kill the deceased. The deceased was a rowdy sheeter and there was motive for accused No.1 to kill the deceased. This petitioner has conspired with other accused to kill the deceased and after murder he has taken clothes in his auto rickshaw and gave it to accused Nos.1 and 2 to change them and he has given drop in auto rickshaw. The charge sheet material show prima-facie case against the petitioner for the offence alleged against him. With these she prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

6. The deceased was a rowdy sheeter. The deceased had earlier committed murder of Sharath Kumar (brother of accused No.1). Accused No.1 along with other accused has conspired to kill the deceased. In furtherance of the conspiracy, accused Nos.1 and 2 along with weapon went in a Car, dashed to the bike of deceased and when he started running, chased him and when he fell down assaulted him with long-chopper on his hands, head and committed his murder. After the murder, this petitioner is stated to have taken his auto rickshaw and given clothes to accused Nos.1 and 2 to change their clothes and he gave drop to them in his auto rickshaw. There is no serious overt act alleged against this petitioner. The serious overt act of assault on the deceased is alleged against accused Nos.1 and 2. There are no criminal antecedents of this peti