IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 9843 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI NIKHIL T @ VIKKI

S/O THYAGARAJAN

AGED ABOUT 34 YEARS

R/AT No.02, 3^RD MAIN

5^TH CROSS, HOYSALA NAGARA

RAMAMURTHY NAGAR

BENGALURU - 560 062.

…PETITIONER

(BY SRI SUNIL KUMAR S, ADVOCATE)

AND:

1. STATE OF KARNATAKA

STATE BY BANASAVADI POLICE

R/BY STATE PUBLIC PROSECUTOR

Digitally signed by

LAKSHMINARA YANA BANGALORE – 560 001.

MURTHY RAJASHRI

HIGH COURT OF KARNATAKA

Location: HIGH

COURT OF BENGALURU – 560 001.

KARNATAKA

…RESPONDENT

(BY SMT. B PUSHPALATHA, ADDL. SPP)

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

U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO PETITIONER/ACCUSED No.3 IN CR. No.224/2024 DATED 27.03.2024 REGISTERED BY THE BANASAWADI POLICE AT BENGALURU CITY NOW REGISTERED AS SPL.C.C No.1961/2024 PENDING BEFORE THE HON’BLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY FOR THE

OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 302, 102(B), 201 R/W 149 OF THE IPC AND U/S 25 OF ARMS ACT AND U/S 3(1)(i) , 3(2), 3(4) OF KCOC ACT.

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.3 under Section

483 of BNSS praying to grant bail in Spl.CC.No.1961/2024 (Crime No.224/2024 of Banaswadi Police Station) registered for offences under Sections 143, 144, 147, 148, 302, 120B, 201 read with Section 149 of IPC, Section 25 of Arms Act and Section 3(1)(i), 3(2), 3(4) of Karnataka Control of Organized Crime Act, 2000 (for short ‘KCOC Act’).

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

3. Learned counsel for petitioner would contend that the complaint has been filed by the mother of the deceased on the basis of information given by CW.2. The name of the petitioner is not mentioned in the FIR. CW.2 has not named this petitioner and he has not disclosed name of this petitioner to complainant. The statement of CW.3 has been recorded on 02.07.2024 after lapse of 3 months from the date of incident. The statement of CW.2 has also been recorded under Section 183 of BNSS, wherein he has not stated the name of this petitioner. CWs.2 and 3 have stated the name of this petitioner in their statements before the police. The test identification parade has been conducted after showing the photos of the petitioner to the witnesses. Therefore, it is not having any sanctity. The spot mahazar has been conducted on the same day, wherein CW.2 and CW.3 were present and they have not disclosed the name of this petitioner. While examining CCTV footage, face match has not been conducted. Who disclosed the name of the petitioner to CW.2 and CW.3 is not mentioned. There is no recovery of any article at the instance of this petitioner. Accused No.6 has been granted bail. The deceased was a rowdy sheeter. There are no any criminal antecedents of this petitioner and he is aged 34 years. The charge sheet contains 120 witnesses and 5 volumes of documents and trial will take considerable time. On that point, he places reliance on the decision of the Hon'ble Apex Court in the case of Javed Ghulam Nabi Sheikh v. State of Maharashtra and another (2024) 9 SCC 813 wherein it is held as under:

16. Criminals are not born out but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. When a crime is committed, a variety of factors is responsible for making the offender commit the crime. Those factors may be social and economic, may be, the result of value erosion or parental neglect; may be, because of the stress of circumstances, or the manifestation of temptations in a milieu of affluence contrasted with indigence