- 1 - NC: 2025:KHC:8848 CRL.P No. 561 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 561 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: DHANUSH U @ DHANU @ PUTTA S/O. UMESH. V AGED ABOUT 28 YEARS, R/AT. NO. 23, SRI. SAI NILAYA, 1ST CROSS ANNAPORNESWARI TEMPLE NEW BANK CLONY KONANAKUNTE BENGALURU SOUTH BENGALURU-560 062 …PETITIONER (BY SRI. PREM KUMAR G.A., ADVOCATE) AND: STATE OF KARNATAKA BY K.S. LAYOUT POLICE, REPRESENTED BY SPP, HIGH COURT COMPLEX BENGALURU- 560 001 …RESPONDENT (BY MS. ASMA KOUSER, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE BAIL IN CR.NO.296/2018 (S.C.NO.1517/2024) OF KUMARASWAMY LAYOUT POLICE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8848 CRL.P No. 561 of 2025 PENDING BEFORE THE HONBLE COURT OF LV. ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-56) AT BENGALURU FOR THE OFFENCES P/U/S 120B, 506, 448, 363, 307, 397 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Heard the learned counsel for petitioner, learned Additional State Public Prosecutor for the State and perused the material on record. 2. Petitioner is seeking bail in Crime No.296/2018 registered at Kumaraswamy Layout police station, Bengaluru, pending in S.C.No.1517/2024 on the file of the Court of LV Additional City Civil and Sessions Judge, Bengaluru. 3. It is the case of prosecution that, the complainant and his friends. Abhishek (C.W.4) and Vijay Kumar (C.W.5), were employed at Sneha Enterprises. On 09.05.2018, while C.W.1 and C.W.4 were sleeping, the accused allegedly trespassed into the office of the - 3 - NC: 2025:KHC:8848 CRL.P No. 561 of 2025 complainant during the wee hours, forcibly took the mobile phones of C.W.1 and C.W.4. Accused No.1 assaulted C.W.1 on the head with a long and inflicted injuries on C.W.4's right leg using the same weapon, all while uttering abusive language. Subsequently, the accused kidnapped the complainant along with C.W.4 and C.W.5, admitting the complainant (C.W.1) and C.W.4 in a hospital. It is further alleged that, accused then demanded `1,00,000 from C.W.5 and confiscated `20,000 which was in his possession. To meet their demands, C.W.5 contacted his friends Harish (C.W.6) and Krishna (C.W.7), claiming he needed `1,00,000 for a heart operation. He initially collected ₹21,000 and later `40,000 from C.W.6, and `30,000 from C.W.7, totalling `1,10,000 extorted from C.W.5. Thereafter, the accused released the complainant and his associates, threatening them with dire consequences. 4. Charge sheet is filed against accused Nos.1 to 5 for offences punishable under Sections 120B, 506, 397, 448, - 4 - NC: 2025:KHC:8848 CRL.P No. 561 of 2025 307, 363 r/w Section 34 of IPC. Petitioner is arraigned as accused No.4. He was shown as absconding in the charge sheet. 5. Material on record reveal that petitioner was enlarged on anticipatory bail by the Sessions Court on 22.11.2018 in Crl.Misc.No.9538/2018. Since he failed to appear before the Trial Court, N.B.W was issued. Case against him was split up. Subsequently, he was arrested on 19.11.2024 and remanded to judicial custody. 6. Learned Sessions Judge has dismissed the bail petition, observing that matter is of the year 2018 and it took more than six years to secure the petitioner. 7. Learned Additional State Public Prosecutor has submitted that the main case in S.C.No.1989/2019 is pending before the same Court and in the said case, some of the witnesses are already examined. 8. The reasons for rejecting the bail petition cannot be said to be erroneous, as the petitioner failed to - 5 - NC: 2025:KHC:8848 CRL.P No. 561 of 2025 appear before the Court after he was released on bail. It is submitted by the counsel for petitioner that petitioner has been falsely implicated in the case. He was a young boy aged about 20 years at the time of incident and he was not aware of the proceedings pending against him. Further, due to family problems, he was unable to contact the advocate and there was mis-communication with his advocate. He has submitted that petitioner will appear before the Trial Court regularly henceforth and will abide by the conditions that may be imposed by the Court. 9. Considering that petitioner was initially granted anticipatory bail and in view of the undertaking given, an opportunity can be given to him by imposing stringent conditions. Hence, the following; ORDER Petition is allowed. Petitioner - accused No.4 in S.C.No.1517/2024 pending on the file of the Court of LV Additional City Civil and Sessions Judge, Bengaluru (Crime No.296/2018 of - 6 - NC: 2025:KHC:8848 CRL.P No. 561 of 2025 Kumaraswamy Layout police station) shall be enlarged on bail subject to following conditions; 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall not leave the jurisdiction of the trial Court till disposal of the case. 6. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE GH List No.: 1 Sl No.: 30 CT:SNN