Prasad @ Prashant & Anr. vs State By Bannerughatta Police Station

Accused nos.2 and 3 in S.C.No.5045 of 2026 pending before the Court of III Addl. District and Sessions Jugde, Bengaluru Rural District (sitting at Anekal), arising out of Crime No.324 of 2025 registered by Bannerghatta Police Station, Bengaluru District for offences punishable under Sections 103(1), 238, 61(2) R/w Section 3(5) of BNS, 2023 are 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.324 of 2025 was registered by Bannerghatta Police Station, Bengaluru District against Sri Shivaraj and the petitioners herein, based on the first information dated 10.11.2025 received from Sri Manjunatha K, Police officer attached to Bannerghatta Police Station, Bengaluru District. In the said case, petitioners were arrested on 13.11.2025 and subsequently, remanded to judicial custody. Their bail application filed before the Trial Court was rejected and therefore they had approached this Court in Crl.P.No.1861 of 2026, which was dismissed as withdrawn with liberty to the petitioners to file a fresh bail application before the Trial Court. Since charge sheet was filed during the pendency of the said petition, petitioners' bail application filed before the Trial Court in S.C.No.5045 of 2026 was rejected and therefore, they are before this Court.

Perusal of the material on record would go to show that, after the unidentified dead body was found within the jurisdiction of Bannerghatta Police Station, a case under Section 194(3)(iv) of BNSS, 2023 in UDR No.44 of 2025 was registered and during the course of investigation, in a CCTV footage from a nearby factory, it was found that some persons who came in a Swift Dzire car bearing registration no.KA-51-AC-5622 had dumped the dead body at the place where it was found. During the course of investigation, it was found that, the aforesaid car belonged to accused no.1 - Shivaraj and the dead body was of Dhanaraj, who is the elder brother of accused no.1 - Shivaraj. It is under these circumstances, Shivaraj was taken to custody on 10.11.2025 and FIR was registered on the said date for the aforesaid offences based on his confession statement and subsequently petitioners herein were arrested on 13.11.2025.

As per the charge sheet allegations, deceased was a chronic drunkard and he had multiple criminal cases against him. He was harassing accused no.1 and also his family members and therefore, accused no.1 decided to eliminate him. Accordingly, he had conspired with accused nos.2 and 3, who are his friends and on 02.11.2025, accused nos.1 to 3 had taken Dhanaraj in the car bearing registration no.KA-51-AC-5622 and thereafter, committed his murder. As per the charge sheet allegations, accused nos.2 and 3 had caught hold of Dhanaraj, while accused no.1 had assaulted him with a machete and committed his murder.

Entire case of the prosecution is based on circumstantial evidence. In the CCTV footage which is recovered, only the movements of the car bearing registration no.KA-51-AC-5622 is found. The said car belongs to accused no.1 and the dead body of Dhanaraj, who is the brother of accused no.1 was brought in the said car and dumped at the place, where it was found. Insofar as the petitioners are concerned, except the confession statement of accused no.1, there is no substantive evidence available on record at this stage. Undisputedly, they do not have any criminal antecedents and they are youngsters aged about 25 years. Under the circumstances, the following:-