(Prayer: This Crl.P is filed u/S 439 of Cr.P.C (filed u/S 483 BNSS) praying to enlarge the petitioner on bail in Crime No.166/2025 dated 09/07/2025 registered at Bayappanahalli Police Station, now pending before the Court of the XXVIII Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru City, (CCH29) in Sc No.1676/2025 for the offences punishable under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita.

This Crl.P is filed u/S 439 of Cr.P.C (u/S 483 BNSS) praying to enlarge the petitioner on bail in Cr.No.166/2025 dated: 09.07.2025 registered in X ACMM, at Bangalore, registered by Byappanahalli P.S., now pending before the Court of the Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru City in Sc.No.1676/2025, for the offences p/u/S 103(1),238,3(5) of BNS.)

Oral Order

1. Accused Nos.1 and 2 in SC No. 1676/2025, pending before the Court of 28th Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No. 166/2025 registered by Bayappanahalli Police Station, Bengaluru, for offences punishable under Sections 103(1) and 3(5) of BNS, 2023 are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.166/2025 was registered by Bayappanahalli Police Station, Bengaluru for the aforesaid offences against the petitioners herein and two others based on the first information dated 09.07.2025 received from Mahadev Kumar, who is the brother of deceased Chintu Sah. In the said case, petitioners herein were arrested on 09.07.2025 and subsequently remanded to judicial custody. After completing investigation charge sheet has been filed against two persons and petitioners are arrayed as accused Nos.1 and 2 in the charge sheet. Their bail application filed before the trial Court in Crl.Misc.No.25892/2025 was rejected on 20.12.2025. Therefore, they are before this Court.

4. First information is submitted by the brother of the deceased, who was allegedly informed by accused No. 3 named in the FIR, about the death of deceased Chintu sah who was allegedly working with him. It is under these circumstances, FIR was initially registered against four persons. After completing investigation, charge sheet has been filed against two persons and petitioners are arrayed as accused Nos.1 and 2 in the charge sheet. Accused Nos. 3 and 4 named in the FIR are dropped in the charge sheet. Allegation now found against petitioners in the charge sheet is that, on 08.07.2025 at about 04.00 p.m., inside an under construction building, accused Nos. 1 and 2 had fought with Chintu Sah with regard to payment of Rs.300/- towards liquor dues. It is alleged that the petitioners herein, after quarreling with Chintu Sah allegedly pushed him to the ground and assaulted him with their hands and legs and thereafter they had throttled him to death.

5. The entire case of the prosecution is based on circumstantial evidence. Though CW2 to CW4 are cited to be eye witnesses in the present case, a reading of their statement would reveal that they had not seen the accused persons assaulting the deceased or throttling him as alleged in the charge sheet. On the other hand, a reading of the statement of these witnesses would go to show that it was the petitioners herein who had attempted to shift the injured Chintu Sah to a hospital wherein he was declared dead. Undisputedly petitioners have no criminal antecedents. They are in custody from 09.07.2025. Apprehension of the learned Additional State Public Prosecutor that in event, petitioners who are from Bihar are released, they may flee away from justice, can be taken care of by imposing appropriate conditions. Accordingly, the following:

ORDER

          The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.166/2025 of Bayappanahalli Police Station registered for the offences punishable under Sections 103(1), 3(5) of BNS, 2023, subject to the following conditions:

          a) Each of the petitioners shall execute personal bonds for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

          b) Each of the petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

          c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

          d) The petitioners shall not involve in similar offences in future;

          e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.