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Judgment
Accused No.3 in SC No.1007/2025 pending before the Court of LXIII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.101/2025 registered by Banashankari Police Station, Bengaluru, for the offences punishable under Sections 61, 189(2), 189(4), 191(2), 191(3), 103(1) and 190 of BNS, 2023 and Sections 25(1-B)(h) and 4 of the Arms Act, 1959, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.101/2025 was registered by Banashankari Police Station, Benglauru, against the unknown persons based on the first information dated 31.03.2025 received from Krishna, S/o late Ramakrishna. During the course of investigation of the said case, petitioner was arrested on 01.04.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against seven persons and petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the Trial Court was earlier rejected and therefore, he had approached this Court in Crl.P.No.1488/2026, which was rejected on 28.04.2026. It is under these circumstances, petitioner is before this Court in this successive bail application.
Learned counsel for the petitioner submits that allegation of assaulting deceased with weapons is found in the charge sheet against accused Nos.1 to 3. Accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.3272/2026 and Crl.P.No.15411/2025 respectively. Accordingly, he prays to allow the petition.
Per contra, learned HCGP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. He however, brings to the notice of this Court that petitioner is a person with criminal antecedents.
A perusal of the material on record would go to show that accused Nos.1 and 2 were also persons with criminal antecedents. As per the charge sheet allegations, Accused No.1 had enmity with CW9 and therefore, he had conspired to commit his murder. In furtherance of such conspiracy, on the alleged date of incident, accused persons had attacked deceased victim, mistaking him to be CW9 and committed his murder. The allegation of assaulting deceased with machets and long is found in the charge sheet as against accused Nos.1 to 3. Accused No.2 has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.15411/2025 disposed of on 06.01.2026. In paragraph No.7 of the said order, it is observed as follows:-
"C.W.4 and C.W.6 who are stated to be the eyewitnesses, but they are not eyewitnesses to the incident, but they have seen the accused persons came to the bar in search of C.W.9 holding weapons. There is a recovery of machete and blood stained pant at the instance of this petitioner. The alleged assault by this petitioner with a machete is on the back of the deceased.
The post-mortem report indicates that, the cause of death is due to head injury sustained associated with other injuries".
Considering the aforesaid, accused No.1 was granted regular bail by this Court in Crl.P.No.3272/2026 vide order dated 22.07.2026. All the other accused persons, who were arrested in the present case are also granted regular bail. Considering the aforesaid aspects of the matter, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1007/2025 pending before the Court of LXIII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.101/2025 registered by Banashankari Police Station, Bengaluru, for the offences punishable under Sections 61, 189(2), 189(4), 191(2), 191(3), 103(1) and 190 of BNS, 2023 and Sections 25(1-B)(h) and 4 of the Arms Act, 1959, subject to the following conditions:
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;
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.