Vinod v. State of Karanataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13056 OF 2026 BETWEEN:

VINOD, S/O VENKATESH, AGED ABOUT 25 YEARS, R/AT C/O MANJULA BUILDING, 2ND CROSS, CHANDRASHEKAR LAYOUT, BEHIND KUMARANS SCHOOL, RAMAMURTHINAGAR, BENGALURU - 560 016. …PETITIONER (BY SRI. KRISHNE GOWDA M, ADVOCATE FOR SMT. SHIVAMMA D, ADVOCATE)

AND:

STATE OF KARANATAKA, STATE BY AVALAHALLI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.175/2024 OF AVALAHALLI POLICE

by NANDINI M S Location: HIGH COURT OF KARNATAKA

NOW IN S.C.NO.321/2024 AND PENDING TRAIL BEFORE VI ADDL DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL FOR THE OFFENCE P/SU/ 302, 201 R/W SEC.34 OF IPC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in Special Case No.321/2024 pending before the Court of the VI Additional District and Sessions Judge, Bengaluru Rural, arising out of Crime No.175/2024 registered by Avalahally Police Station, Bengaluru District for the offences punishable under Sections 302 and 201 read with Section 34 of IPC, is before this Court in this petition filed under Section 483 of BNSS 2023, seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.175/2024 was registered by Avalahally Police Station, Bengaluru District for the

offences punishable under Sections 302 and 201 of IPC, based on the first information dated 27.05.2024 received from Chidambaram, S/o Viswanathan, who had found the dead body of the unknown deceased within the jurisdiction of Avalahally Police Station. During the course of investigation of the said case, the petitioner and another were arrested on 03.07.2024 and remanded to judicial custody. After completing the investigation, charge sheet is filed against two persons and the petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1558/2026 was rejected on

10.08.2026. Therefore, he is before this Court.

¶4Material on record would go to show that accused No.1 is the driver of an auto-rickshaw and accused No.2 is his friend. On 24.05.2024, accused No.1 with an intention to rob the money of a passenger who was travelling in his auto-rikshaw, had allegedly taken the passenger to various places and subsequently picked up

accused No.2 in his auto-rickshaw. Accused Nos.1 and 2 thereafter took the passenger, who is the deceased in the present case, to an isolated place and assaulted him with cement and brick on his head and committed his murder. Subsequently, they allegedly took the cash which deceased Jayaram was having and also got transferred certain money from his mobile phone to the accounts of their friends and escaped from the spot of crime.

¶5The entire case of the prosecution is based on circumstantial evidence. It is not in dispute that except the present case, the petitioner has no other criminal antecedents. He is in custody for the last more than two years. Though CW-17 is cited as an eyewitness in the charge sheet, a reading of her statement under Section 161 of Cr.P.C would go to show that she was only a last seen witness. The trial in the case is yet to commence. Under the circumstances, the following:

O R D E R

i) The Criminal Petition is allowed.

ii) The petitioner is directed to be enlarged on bail in Special Case No.321/2024 pending before the Court of the VI Additional District and Sessions Judge, Bengaluru Rural arising out of Crime No.175/2024 registered by Avalahally Police Station, Bengaluru District for the offences punishable under Sections 302 and 201 read with Section 34 of IPC, subject to the following conditions:

a) The 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;

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

SHS List No.: 1 Sl No.: 69