IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13034 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. PRABHAKAR SON OF ANJINAPPA AGED ABOUT 34 YEARS RESIDING AT C/O RAJANNA BUILDING, R T JAGANATH LAYOUT NEAR INDIAN GAS GOWDOWN SEGEHALLI K R PURAM BANGALORE – 560 049.

2. SUSHANTH H SON OF HRUDAYRAJ AGED ABOUT 32 YEARS RESIDENT OF #41, R T JAGANATH LAYOUT NEAR INDIAN GAS GOWDOWN Digitally signed by SEEGIHALLI, K R PURAM LAKSHMINARAYANA MURTHY RAJAS HRI BANGALORE – 560 049.

Location: HIGH …PETITIONERS COURT OF KARNATAKA (BY SRI SUDHAKAR REDDY G S, ADVOCATE)

AND:

1. STATE BY K.R. PURAM POLICE STATION REPRESENTED BY S.P.P HIGH COURT BUILDING BANGALORE – 560 001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S

483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CC.No.65106/2025 ARISING OUT OF CR.No.317/2025 REGISTERED BY K.R.PURAM P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1),61(2)(A),238(A),241 R/W 3(5) OF BNS ACT, 2023.

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 Nos.2 and 3 under Section 483 of BNSS praying to grant bail in Crime No.317/2025 K.R.Puram Police Station registered for offences punishable under Section 103(1), 61(2)(A), 238(A), 241 read with Section 3(5) of BNS pending in C.C.No.65106/2025 on the file of 29^th ACJM, Bengaluru.

2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent –State.

3. Learned counsel for petitioners would contend that no serious overtact is alleged against this petitioner, overtact of assault and murder is against accused No.1.

Petitioners are stated to have conspired with accused No.1 to kill the deceased and rob her valuables. The petitioners are stated to have kept watch near the house and also on the 9th cross to see whether any persons are coming to the house of the deceased. The petitioners are in judicial custody since 22.04.2025 and as the charge sheet is filed, they are not required for custodial interrogation. With this, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent –State would contend that charge sheet materials show prima facie case against the petitioners for offences alleged against them. The post – mortem report indicates that the deceased has sustained 16 injuries. There are 03 cases against petitioner No.2 - accused No.3 and he is having criminal antecedents. With this, he prayed to reject the petition.

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

6. The serious overtacts of assault and committing murder of the deceased is against accused No.1. The overtact against these petitioners accused Nos.2 and 3 is keeping watch near the house and on the 9^th cross to see whether any persons are coming to the house of the deceased. There is another accusation against these petitioners is conspiracy with accused No.1 to kill the deceased and rob her valuables. The petitioners are in judicial custody since 22.04.2025 and as the charge sheet is filed, they are not required for further custodial interrogation. Considering the above aspects, the petitioners have made out case for grant of bail with conditions.

7. In the result, the following ORDER i) The petition is allowed.

ii) The petitioners are granted bail in Crime No.317/2025 K.R.Puram Police Station registered for offences punishable under Section 103(1), 61(2)(A), 238(A), 241 read with Section 3(5) of BNS pending in C.C.No.65106/2025 on the file of 29^th ACJM, Bengaluru subject to the following conditions.

a) Petitioners –accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.

b) Petitioners –accused