AI Structured Summary
Not yet generated for this judgment
Judgment
Accused No.1 in SC No.5014/2026 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.188/2025 registered by Jigani Police Station, Bengaluru, for the offences punishable under Sections 103(1), 115(2), 3(5), 351(2), 351(3) and 352 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.188/2025 was registered by Jigani Police Station, Bengaluru, for the offences punishable under Sections 115(2), 3(5), 351(2), 351(3) and 352 of BNS, 2023, against petitioner and Sagara, based on the first information dated 26.10.2025 received from Sallapuri, S/o Sallapuriyappa, who is the father of deceased Sandeep. In the said case, accused Nos.1 and 2 were arrested on 29.10.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court in SC No.5014/2026 was rejected on 10.06.2026. Therefore, he is before this Court.
Perusal of the material on record would go to show that deceased Sandeepa and the accused persons are friends. Sandeepa, who had taken the accused persons to a bar and restaurant for consuming alcohol, had not paid the bill and thereafter, the bill was reimbursed by the accused persons. It is under these circumstances, accused Nos.1 and 2 had vengeance against Sandeepa and on 16.10.2025, they had taken Sandeepa along with them in a scooter on the pretext of providing him liquor. Subsequently, accused Nos.1 and 2 had quarreled with him and accused No.1 had pushed Sandeepa and had assaulted him with his hands. Sandeepa allegedly had abused accused No.1 and threatened of dire consequences to his life. Therefore, accused No.1 assaulted Sandeepa on his head with his hands and accused No.2 had kicked Sandeepa and as a result Sandeepa fell down to the ground. Thereafter, accused No.2 kicked Sandipa. At that time CW1 and CW9 came there and rescued Sandeepa.
In respect of the alleged incident that had taken place on 16.10.2025, FIR in the present case was belatedly registered on 26.10.2025, which is after a delay of 10 days from the alleged date of incident. Injured Sandeepa, who was admitted in the Hospital had subsequently died on 28.10.2025. The allegation as against accused Nos.1 and 2 is similar in the charge sheet. Accused No.2 has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.3748/2026 disposed off on 10.04.2026. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5014/2026 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.188/2025 registered by Jigani Police Station, Bengaluru, for the offences punishable under Sections 103(1), 115(2), 3(5), 351(2), 351(3) and 352 of BNS, 2023, 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.
