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2025 DAILYLAW 14361 (KAR)

S BHARATH v. STATE BY

CRL.P/1018/2025 · 2025-03-10

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:9996 CRL.P No. 1018 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1018 OF 2025 BETWEEN: S. BHARATH, S/O SRNIVAS, AGED 267 YEARS, R/AT NO. 341/1, 5TH CROSS, PONNA ROAD, NEAR SHIVA TEMPLE, SRINIVASAPURA COLONY, KENGERI-UTTHARAHALLI MAIN ROAD, BENGALURU - 560 060. …PETITIONER (BY SRI. HARIPRASAD N, ADVOCATE) AND: STATE BY CHANDRA LAYOUT POLICE STATION, BENGALURU CITY, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.440/2024 (C.C.NO.34158/2024) FOR THE OFFENCE P/U/S 61(2), 140(2), 115(2), 238, 127(3), 319(2), 352, 351(1) OF BNS 2023 ON THE FILE OF CHANDRA LAYOUT P.S. PENDING ON THE FILE OF THE LIII ADDL.CITY CIVIL AND SESSIONS SPL.JUDGE AT BENGALURU. Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:9996 CRL.P No. 1018 of 2025 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.12 in Crime.No.440/2024 registered by Chandralayout Police Station, Bengaluru City for the offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) read with Section 190 of B.N.S., 2023 is before this Court under Section 483 of B.N.S., 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner submits that the petitioner has no other criminal antecedents and he has been in custody since 14.09.2024. The allegations against accused Nos.11 and 12 in the present case are identical and accused No.11 has already been granted regular bail by this Court in Crl.No.13214/2024. Accordingly, he prays to allow this petition. - 3 - NC: 2025:KHC:9996 CRL.P No. 1018 of 2025 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner. 5. This Court, vide order dated 04.03.2025, has granted regular bail to accused Nos.10 and 11 in Crl.P.No.12711/2024 and Crl.P.No.13214/2024 and after referring to the allegations found in the chargesheet against the accused person, this court has observed that the only allegation against accused No.12 is that he had come to the aforesaid premises and introduced himself as a police officer and had threatened C.Ws.2 to 4 with dire consequences if they don't reveal the whereabouts of the articles of which they had committed theft. 6. As per the chargesheet allegation, accused No.9 had summoned accused Nos.11 and 12 and introduced them to C.Ws.1 to 4 as police officers from the crime branch and accused Nos.11 and 12 allegedly threatened C.Ws.2 to 4 with dire consequences, if they don't reveal the whereabouts of the articles of which they had - 4 - NC: 2025:KHC:9996 CRL.P No. 1018 of 2025 committed theft. Undisputedly, the petitioner had no other criminal antecedents and the petitioner is said to be working as a home guard. Accused No.11 as against whom similar allegations is found in the chargesheet has been granted bail by this Court in Crl.P.No.13214/2024. Therefore, on the ground of parity, the petitioner is also entitled for the grant of regular bail. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime.No.440/2024 registered by Chandralayout Police Station, Bengaluru City for the offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) read with Section 190 of B.N.S., 2023 subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 5 - NC: 2025:KHC:9996 CRL.P No. 1018 of 2025 Lakh only) 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 permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 48 CT: BHK