SUDHEER KUMAR v. STATE OF KARNATAKA

1. STATE OF KARNATAKA BY SARJAPURA P.S REP BY SPP. HIGH COURT OF KARNATAKA BENGALURU-01 …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) IN S.C.NO.5081/2025 THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL (CR.NO.84/2025) OF SARJAPURA POLICE STATION PENDING ON THE FILE OF THE LD III ADDL.DISTRICT AND SESSIONS JUDGE, ANEKAL FOR THE OFFENCES U/S 103(1), 61(2), 55, 109(1) R/W 3(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Accused No.2 in S.C. No.5081/2025, pending before the Court of III Additional District and Sessions Judge, Bangalore Rural District, sitting at Anekal, arising out of Crime No.84/2025, registered by Sarjapura Police Station, Bengaluru, for offences punishable under Sections 103(1), 61(2), 55, 109(1) read with Section 3(5) of BNS, 2023 is before this Court - 3 - NC: 2026:KHC:29805 CRL.P No. 5590 of 2026 HC-KAR in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

3. Heard the learned counsel appearing for the parties. FIR in Crime No.84/2025 was registered by Sarjapura Police Station, Bengaluru initially, for offences punishable under Sections 103(1), 61(2) read with Section 3(5) of BNS, 2023 against the petitioner and another based on the information dated 15.03.2025 received from Birbal S/o. Ramadhar Chaudhary, who is said to be an injured eye witness in the present case. During the course of investigation, petitioner herein was arrested on 25.03.2025 and remanded to judicial custody. After completing the investigation, charge sheet has been filed against two persons. Petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the trial Court in S.C. No.5081/2025 was rejected on 15.11.2025. Therefore, he is before this Court.

4. Learned counsel appearing for the petitioner having reiterating the grounds urged in the petition submits that petitioner is a youngster, aged about 21 years, having no - 4 - NC: 2026:KHC:29805 CRL.P No. 5590 of 2026 HC-KAR criminal antecedents. Allegation of assaulting the deceased and committing their murder is found in the charge sheet only as against accused No.1, who is in custody. Material on record would go to show that the accused persons and the deceased had consumed excess alcohol and thereafter, the incident in question had taken place. He submits that only allegation against the petitioner is that he had instigated accused No.1 to assault the deceased. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP, who has opposed the petition submits that CW.1 and CW.2 are the eye-witnesses to the incident in question. He submits that in the incident in- question, three youngsters have died. Petitioner hails from Bihar State and in the event, he is enlarged on bail, he may flee away from justice. Accordingly, he prays to dismiss the petition.

6. Perusal of the material on record would go to show that accused persons, the deceased as well as the injured, all hail from the same village of Bihar State and they were working as construction workers in Bangalore. It appears that deceased- - 5 - NC: 2026:KHC:29805 CRL.P No. 5590 of 2026 HC-KAR Anskhukumar was in love with the sister of the petitioner herein and therefore, the petitioner and accused No.1 had advised Anskhukumar not to continue his relationship with the sister of the petitioner. In spite of the same, Anskhukumar used to speak to the sister of the petitioner over phone and this was being objected by accused Nos.1 and 2. It is in this background, accused Nos. 1 and 2, allegedly had developed ill- will against Anskhukumar and they had conspired to commit his murder.

7. In the first information submitted by Birbal (CW.1), he has stated that on 15.03.2025, accused Nos.1 and 2 had arranged for a party in an under construction building and had invited CW.1, CW.2 and also Deepukumar, Radheshyam and Anskhukumar, who are the deceased in the present case. Accused No. 1 allegedly had brought a full bottle of liquor and after consuming the same, accused Nos.1 and 2 quarrelled with Anskhukumar for the reason that he had continued his relationship with the sister of the petitioner in spite of he being advised. In the first information it is further alleged that petitioner had assaulted Anskhukumar with an iron rod on his - 6 - NC: 2026:KHC:29805 CRL.P No. 5590 of 2026 HC-KAR head and when CW.1, CW.2 and the other two deceased namely, Deepukumar and Radheshyam tried to intervene, the petitioner assaulted even Deepukumar and Radheshyam with the iron rod causing grievous injuries to them. It is also alleged that along with the petitioner, even accused No.1-Sonu Kumar had assaulted CW.1 and also Deepukumar, Radheshyam and Anskhukumar with iron rod and as a result, Deepu Kumar, Radheshyam and Anskukumar, who suffered grievous injuries all over their body, died at the spot. It is in this background, FIR in Crime No.84/2025 was registered against the petitioner and Sonu Kumar based on the first information submitted by Birbal (CW.1).

8. Charge sheet material would go to show subsequently the statement of alleged eye-witnesses was recorded by the police on 18.03.2025 and in the said statement, they have stated that it was only accused No.1- Sonu Kumar, who had assaulted the deceased as well as the injured with the iron rod and had committed the crime. Insofar as the petitioner is concerned, only allegation in the subsequent - 7 - NC: 2026:KHC:29805 CRL.P No. 5590 of 2026 HC-KAR statement of the eye-witnesses is that he had instigated accused No.1 to assault the deceased as well as CW.1.

9. Charge sheet material would go to show that accused persons, deceased and the injured, had consumed one bottle of liquor which was brought by accused No.1 and thereafter, Deepu Kumar had brought one more bottle of liquor. When the incident in-question took place, they were consuming the second bottle of liquor. Charge sheet material would also reveals that, just prior to occurring of the incident in-question, Deepukumar who is one of the deceased in the present case started vomiting having consumed excess alcohol.

10. From the aforesaid it appears that the accused persons, the deceased as well as the other two persons who were present at the scene of crime, had consumed excess alcohol and were in an inebriated condition. In the incident that occurred subsequently, in which the deceased and the injured person were assaulted, the allegation of assaulting the deceased and the injured with iron rod is found only as against accused No.1. Petitioner allegedly was present there and had instigated accused No.1 to assault the deceased and injured. - 8 - NC: 2026:KHC:29805 CRL.P No. 5590 of 2026 HC-KAR The charge sheet material does not reveal that petitioner was armed or that he had assaulted any one of the deceased or the injured persons even with his hands. The petitioner aged about 21 years, having no criminal antecedents is in custody for the last more than 15 months. Trial in the case is yet to commence. Prosecution in all has cited 40 charge sheet witnesses in the present case and therefore, the chances of the trial being completed and case being disposed of in the near future is very remote. The continued detention of the petitioner may adversely impact his mind-set and future. Under the circumstances, I am of the view that his prayer for grant of regular bail is to be answered in the affirmative.

11. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C. No.5081/2025, pending before the Court of III Additional District and Sessions Judge, Bangalore Rural District, sitting at Anekal, arising out of Crime No.84/2025, registered by Sarjapura Police Station, Bengaluru, for offences punishable under Sections 103(1), 61(2), 55, 109(1) read with Section 3(5) of BNS, 2023 subject to the following conditions: - 9 - NC: 2026:KHC:29805 CRL.P No. 5590 of 2026 HC-KAR a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which, one shall be local surety, to the satisfaction of the jurisdictional Court; b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) 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. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 72