MR. PREM J @ PREM vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59709
CRL.P No. 14077 of 2026
CNR: KAHC010635832026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14077 OF 2026
BETWEEN:
MR. PREM J @ PREM
S/O LATE J. JAYASHEELAN,
AGED ABOUT 42 YEARS,
RESIDING AT NO.68,
1ST MAIN ROAD, 6TH CROSS,
BHUVANESHWARI NAGARA,
R.T. NAGARA POST,
BENGALURU - 560 032.
…PETITIONER
(BY SRI. SHETTY DEEPAK, ADVOCATE)
AND:
STATE OF KARNATAKA
BY SAMPIGEHALLI P.S.,
BENGALURU CITY,
REP. BY THE HCGP,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
…RESPONDENT
Digitally
signed by
NANDINI D
Location:
HIGH
COURT OF
KARNATAKA
(BY SRI. RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
S.C.NO.1040/2026 (CRIME NO.83/2026 REGISTERED BY THE
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HC-KAR
NC: 2026:KHC:59709
CRL.P No. 14077 of 2026
CNR: KAHC010635832026
SAMPIGE HALLI POLICE STATION), BENGALURU FOR THE
OFFENCE P/S /3(5), 103(5), 109(1), 126(2), 189(2), 189(4),
238, 191(2), 191(3), 190, 351(2), 351(3), 352, 61(2) OF BNS
2023 PENDING ON THE FILE OF THE LEARNED IN THE COURT
OF THE LXVI ADDL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY (CCH-67) BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.6 in SC.No.1040/2026, pending before
the Court of LXVI Additional City Civil and Sessions Judge,
Bengaluru City (CCH-67), arising out of Crime No.83/2026
registered by Sampigehalli Police Station, Bengaluru, for
offences punishable under Sections 61(2), 103(1) 109(1),
126(2), 238, 189(2), 189(4), 191(2), 191(3), 351(2),
351(3), 352 read with Section 3(5) of BNS, 2023, is before
this Court in this petition filed under Section 483 of BNSS,
2023 seeking regular bail.
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NC: 2026:KHC:59709
CRL.P No. 14077 of 2026
CNR: KAHC010635832026
2. Heard the learned counsel for the parties.
3. FIR in Crime No.83/2026 was registered by
Sampigehalli Police Station, Bengaluru, against the
petitioner and others, based on the first information dated
25.02.2026 received from Smt. Komala, mother of the
deceased, Pavan Kumar. In the said case, the petitioner
was arrested on 27.02.2026 and remanded to judicial
custody. After completing the investigation, charge sheet
is filed against seven persons, and the petitioner is
arrayed as accused No.6 in the charge sheet. His bail
application filed before the Jurisdictional Sessions Court in
Crl.Misc.No.7463/2026 was rejected on 31.08.2026,
therefore, he is before this Court.
4. A reading of the material on record would go to
show that the deceased, Pavan Kumar, was a rowdy
sheeter and was involved in the murder of Kapil, brother
of the petitioner herein. After Pavan Kumar was released
from jail in the said case in the month of May 2025, the
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HC-KAR
NC: 2026:KHC:59709
CRL.P No. 14077 of 2026
CNR: KAHC010635832026
petitioner allegedly had conspired with accused Nos. 1 to 5
and 7 to commit the murder of Pavan Kumar. In
furtherance of the said conspiracy, accused Nos. 1 to 5
had assaulted Pavan Kumar with deadly weapons on
25.02.2026 and committed his murder. Accused No. 7
allegedly had given information about the whereabouts of
Pavan Kumar to the assailants. Accused No. 7 has been
granted regular bail by this Court in Crl.P. No.
12187/2026, disposed of on 09.09.2026.
5. Insofar as the petitioner is concerned, the
allegation against him is that he had a strong motive to
commit the murder of Pavan Kumar, and therefore he had
conspired with the other accused and also had supplied
weapons to them. However, no material has been
collected by the Investigating Officer in the present case to
show that the weapons used by accused Nos. 1 to 5 to
commit the murder of Pavan Kumar were supplied by
accused No. 6. It is also not the case of the prosecution
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NC: 2026:KHC:59709
CRL.P No. 14077 of 2026
CNR: KAHC010635832026
that the services of accused Nos. 1 to 5 were engaged by
the petitioner by paying them.
6. It is not in dispute that the petitioner has no
other criminal antecedents. It is also not in dispute that
accused Nos. 1 to 5 were all friends of the deceased Kapil,
and they also had a strong motive for committing the
murder. Considering the aforesaid aspects of the matter,
the prayer made by the petitioner for grant of regular bail
needs to be answered affirmatively. Accordingly, the
following:
ORDER
The Criminal Petition is allowed. The petitioner is
directed to be enlarged on bail in SC.No.1040/2026,
pending before the Court of LXVI Additional City Civil and
Sessions Judge, Bengaluru City (CCH-67), arising out of
Crime No.83/2026 registered by Sampigehalli Police
Station, Bengaluru, for offences punishable under Sections
61(2), 103(1), 109(1), 126(2), 238, 189(2), 189(4),
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NC: 2026:KHC:59709
CRL.P No. 14077 of 2026
CNR: KAHC010635832026
191(2), 191(3), 351(3), 351(2), 352 read with Section
3(5) of BNS, 2023, subject to the following conditions:
a) 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 his 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
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NC: 2026:KHC:59709
CRL.P No. 14077 of 2026
CNR: KAHC010635832026
permission of the said Court until the case
registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
TIN
List No.: 1 Sl No.: 74