(Prayer: This Crl.P is filed u/S.439 (filed u/S.483 BNSS) Cr.P.C praying to pass an order granting bail thereby directing the respondent K.P.Agrahara Police to release the petitioner/Accused No.2 in S.C.No.735/2026 in Cr.No.1/2026 pending on the file of the Honble Principal City Civil and Sessions Judge, Bengaluru (CCH-68) for the alleged offence p/Su/103(1) R/W Sec.3(5) of BNS 2023.)

Oral Order

1. Accused No.2 in Crime No.1/2026 registered by the Kempapura Agrahara Police Station, Bengaluru, for the offences punishable under Sections 103(1) read with 3(5) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.1/2026 was registered by the Kempapura Agrahara Police Station, against unknown persons based on the first information dated 01.01.2026 received from Girish s/o Siddaraju. During the course of investigation, the petitioner was arrested on 01.01.2026 and remanded to judicial custody. After completion of investigation, charge sheet was filed against three persons and the petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.655/2026 was rejected on 12.02.2026. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents. Accused Nos.1 and 3 as against whom similar allegations are made have been granted regular bail by this Court in Crl.P.No.9109/2026 and Crl.P.No.8082/2026.

5. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner.

6. This Court in Crl.P.No.9109/2026 vide order dated 29.06.2026 has granted regular bail to accused No.3 and in paragraph Nos.4, 5 and 6 of the said order, it is observed as follows:

4. FIR in the present case was registered against unknown persons after the dead body of deceased Rechanna was found. During the course of investigation, petitioner and other accused were arrested and after completing investigation, charge sheet is filed against them for the aforesaid offences.

5. In the charge sheet, it is alleged that accused Nos.1 to 3 were staying in a rented premises adjacent to the house of CW2, in which she was staying with her son Rechanna. Since, the accused persons were creating nuisance after consuming alcohol, Rechanna had quarreled with them earlier.

On 31.12.2025, CW2 had gone to her native place. Rechanna and his friend CW7 had consumed alcohol and thereafter returned home and after having food, CW7 had slept while Rechanna was sitting in the hall. At about 11.15 p.m., accused No.1 allegedly kicked the door of Rechanna's house and thereafter returned to his house. Subsequently Rechanna, who came out of his house, went to the house of accused persons and quarreled with them.

6. In the incident that had taken place subsequently, accused Nos.2 and 3 allegedly had caught hold of Rechanna and instigated accused No.1 to commit his murder. Accused No.1, who brought a knife, allegedly had stabbed Rechanna with the same on his chest and other parts of the body and committed his murder. The entire case of the prosecution is based on circumstantial evidence. The allegation as against the petitioner, who is arraigned as accused No.3 in the charge sheet is that he had quarreled with the deceased and held him so as to enable accused No.1 to assault him with a knife. There is no allegation as against the petitioner about he assaulting the deceased with a knife. Investigation of the case is completed and charge sheet has been filed. Petitioner, who has no other criminal antecedents is in custody for the last more than six months. He is said to be the only earning member of his family."

7. Thereafter, considering the order passed by this Court in Crl.P.No.9109/2026, this Court granted regular bail to accused No.1 in Crl.P.No.8082/2026, disposed of on 03.08.2026.

8. Undisputedly, the petitioner has no other criminal antecedents. Allegation of assaulting the deceased with the weapon is found in the charge against accused No.1 and accused Nos.2 and 3 allegedly had caught hold of him. The entire case of the prosecution is based on circumstantial evidence.

9. 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 criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.1/2026 registered by the Kempapura Agrahara Police Station, Bengaluru, for the offences punishable under Sections 103(1) read with 3(5) of BNS, 2023, subject to the following conditions:

          a) The 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;

          b) The petitioner 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 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 of.