Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10891 CRL.P No. 1153 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1153 OF 2025 BETWEEN:
NAVEEN B, S/O BHAJJAYYA, AGED ABOUT 37 YEARS, R/AT NO. 348/A, 3RD MAIN, 5TH CROSS, RR LAYOUT, NAGADEVANAHALLI, BENGALURU - 560 056. …PETITIONER (BY SRI. MOHAN KUMAR M.C, ADVOCATE) AND:
STATE OF KARNATAKA JNANABHARATHI POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO. 344/2024 WHICH IS NUMBERED AS C.C.
NO.39051/2024 OF RESPONDENT JNANABHARATHI POLICE STATION, BENGALURU, FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 103(1) R/W 3(5) OF BHARATIYA NYAYA SANHIT-2023 PENDING ON THE FILE OF Digitally signed by CHAITHRA P Location: High Court of Karnataka
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NC: 2025:KHC:10891 CRL.P No. 1153 of 2025 THE LEARNED 6TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE 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.2 in Crime.No.344/2024 registered by Jnanabharathi Police Station, Bengaluru for offences punishable under Sections 103(1) r/w 3(5) of BNS-2023, is before this Court under Section 483 of BNSS 2023 seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime.No.344/2024 was registered by Jnanabharathi Police Station, Bengaluru, for the aforesaid offences against unknown persons based on the first information dated 26.08.2024 received from Mohammad Asif, who is the brother of deceased Mohammad Wasim.
4. During the course of investigation of the case, the petitioner herein was arrested on 27.08.2024 and subsequently, remanded to judicial custody. After
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NC: 2025:KHC:10891 CRL.P No. 1153 of 2025 investigation of the case, charge sheet was filed against two accused persons and the petitioner is arrayed as accused No.2 in the charge sheet. The bail application filed by the petitioner herein before the Jurisdictional Sessions Court in Crl.Misc.No.11868/2024 was rejected. Therefore, the petitioner is before this Court.
5.
Learned counsel for the petitioner submits that allegations against accused Nos.1 and 2 are similar in the charge sheet. Accused No.1 has been granted regular bail by the Co-ordinate Bench of this Court in Clr.P.No.11444/2024 disposed on 28.01.2025. The petitioner has no other criminal antecedents. Accordingly, prays to allow the petition.
6. Per contra, learned High Court Government Pleader, who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner.
7. FIR in the present case was registered against unknown persons and subsequently, accused Nos.1 and 2
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NC: 2025:KHC:10891 CRL.P No. 1153 of 2025 have been arrested and after completing the investigation, charge sheet has been filed against the accused persons. Perusal of the charge sheet, allegations would go to show that allegations against accused Nos.1 and 2 are similar. Accused No.1 has been granted regular bail by the Co- ordinate Bench of this Court in Crl.P.No.11444/2024
disposed on 28.01.2025. Under the circumstances, I am of the opinion that the petitioner's prayer for grant of regular bail is required to answer affirmatively on the ground of parity. Accordingly, the following:
ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime.No.344/2024 of Jnanabharathi Police Station, Bengaluru registered for the offences punishable under Sections 103(1) r/w 3(5) of BNS-2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the
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NC: 2025:KHC:10891 CRL.P No. 1153 of 2025 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 him is
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AT List No.: 1 Sl No.: 56 CT: BHK