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Judgment
Accused no.2 in Crime No.49/2026 registered by Byatarayanapura Police Station, Bengaluru City, for the offences punishable under Sections 118(2), 103(1), 109(1) read with 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned Counsel for the parties.
FIR in Crime No.49/2026 was registered by Byatarayanapura Police Station, Bengaluru City, against Vinoda and others based on the first information dated 01.02.2026 received from Vijay Kumar - friend of deceased Guna. In the said case, petitioner was arrested on 02.02.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against five persons and petitioner is arrayed as accused no.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.4716/2026 was rejected on 06.06.2026. Therefore, petitioner is before this Court.
Petitioner is the father of accused nos.1, 3 & 4. Accused no.1 appears to be a person with criminal antecedents and he was involved in a murder case along with deceased Guna. In the matter of securing bail in the said criminal case which was registered in Crime No.103/2020, difference of opinion arose between accused no.1 and Guna and they developed vengeance as against each other. On 29.01.2026, there was a quarrel between the family members of the petitioner and deceased Guna, and therefore, they had all gone to the police station and in the said police station, the petitioner had pacified both the parties and requested to close the case.
On 01.02.2026, accused no.1 who had summoned his friend accused no.5 had conspired with him to commit the murder of Guna, and thereafter, approached CW-2 to 4 and asked them to call Guna for the purpose of settlement. Accordingly, Guna came to the spot where accused nos.1, 5 and CW-2 to CW-4 were present. Subsequently even the accused persons came there. In the fight that took place thereafter, accused no.1 stabbed Guna with a button knife and committed his murder. Accused nos.2 to 5 allegedly were throwing stones on others and preventing them from intervening while accused no.1 was assaulting Guna.
It is not in dispute that petitioner who is arrayed as accused no.2 in the charge sheet, has no other criminal antecedents. The assailant accused no.1 is already arrested in the present case and remanded to judicial custody.
Considering the aforesaid aspects of the matter, more so, the nature of allegations as against the petitioner, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.49/2026 registered by Byatarayanapura Police Station, Bengaluru City, for the offences punishable under Sections 118(2), 103(1), 109(1) read with 3(5) of BNS, 2023, subject to the following conditions:
Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
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;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
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.