Sri.Suman @ Swag Vs the State of Karnataka by

THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION BENGALURU-562 107 REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT, COURT COMPLEX BENGALURU-560 001 …RESPONDENT

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(BY SRI. MOHD. AYUB ALI, ADDL. SPP)

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THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO.326/2021 (SC NO.5051/2022) OF ATTIBELE POLICE STATION BENGALURU RURAL DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 201, 302 R/W 34 OF I.P.C WHICH IS PENDING ON THE FILE OF THE III

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NC: 2026:KHC:8744 CRL.P No. 14626 of 2025

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HC-KAR

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ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SITTING AT ANEKAL.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No. 3 under

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Section 483 of BNSS praying to grant bail in S.C. No. 5051/2022 (Crime No. 326/ 2021 of Attibele Police Station) pending on the file of III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal registered for offence under Sections 201, 302 read with Section 34 IPC.

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Heard learned counsel for petitioner and

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learned Additional SPP for respondent - State.

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Learned counsel for petitioner would contend

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that the name of this petitioner has not been mentioned in the FIR and in inquest mahazar. C.W.18 is the only eye

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witness to the incident and his statement has been recorded after 3 days of the incident. Statement of

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HC-KAR

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C.W.18 has also been recorded under Section 164 of

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Cr.P.C. and he has not stated the name of this petitioner assaulting the deceased persons. Petitioner is in judicial custody since 01.11.2021 and as chargesheet is filed he is not required for further custodial interrogation. With this he prayed to allow the petition.

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Per contra learned Additional SPP would contend that the case involves double murder. C.W.18 is the eyewitness to the incident. C.W.18 in his statement has specifically stated the overt acts of this petitioner assaulting both the deceased persons with stone. Now, trial has commenced and if the petitioner is granted bail, there are chances of he threatening the prosecution witnesses and flee from justice. The offence alleged against the petitioner is a heinous offence punishable with either death or imprisonment for life. With this, he prayed to reject the petition.

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NC: 2026:KHC:8744 CRL.P No. 14626 of 2025

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HC-KAR

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Having heard learned counsel for the parties the

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Court has perused the charge sheet and other materials placed on record.

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The case involves double murder. Deepak

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Kumar and Bhaskar are two deceased persons. As per charge sheet, accused Nos. 1 to 3 assaulted both the deceased persons with stone and other weapons and caused death of both of them. C.W.18 is eyewitness to the incident. C.W.18 in his statement has specifically stated that overt acts of this petitioner assaulting Deepak Kumar and also Bhaskar with stone. Merely because C.W.18 has not stated the name of this petitioner in his statement recorded under Section 164 of Cr.P.C. is not a ground for grant of bail at this stage when trial has commenced. The case involves double murder and the offence alleged against the petitioner is punishable with death or imprisonment for life. If the petitioner is granted bail, there are chances of him threatening the prosecution witnesses and fleeing from justice.

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