RAGHAVAN KETHEESWARA @ RAGHAVAN v. THE STATE OF KARNATAKA BY
CRL.P/2447/2025 · 2025-03-25
S Vishwajith Shetty
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17392 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17392 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12456 CRL.P No. 2447 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.2447 OF 2025 BETWEEN:
RAGHAVAN KETHEESWARA @ RAGHAVAN KETHISHWARAN @ KOLIKARAN S/O KETHEESHWARAN, AGED ABOUT 24 YEARS, OCC: PAINTER, R/O K 30 AGATHIKALMUGAAM, BHAVANISAGAR (TP), ERODE, TAMIL NADU - 638 451.
…PETITIONER (BY SRI. R.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY BY SULLIA POLICE STATION, SULLIA CIRCLE, DAKSHINA KANNADA DISTRICT - 574 239.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:12456 CRL.P No. 2447 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 BHARATIYA NAGARIKA SURAKSHA SANHITA - 2023 (FILED UNDER SECTION 439 CR.PC) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.118/2024 OF SULLIA POLICE STATION, DAKSHINA KANNADA DISTRICT (REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 132, 262, 121(1) OF BNSS 2023 (CORRESPONDING PROVISIONS: SEC. 352, 224, 332 OF IPC) NOW PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, COURT SULLIA D.K. DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Crime No.118/2024 of Sullia Police Station, D.K. District, registered for the offences punishable under Sections 132, 262, 121(1) of Bharatiya Nyaya Sanhita, 2023 is before this Court, seeking regular bail under Section 439 Cr.P.C.
2. Heard learned counsel appearing for the parties.
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NC: 2025:KHC:12456 CRL.P No. 2447 of 2025
3. FIR in Crime No.118/2024 was registered by Sullia Police Station, D.K District for the offences punishable under Sections 132, 262, 121(1) of Bharatiya Nyaya Sanhita, 2023, against the petitioner herein based on the first information dated 05.10.2024 received from Laxmana Dodawada, Police Constable attached to Sullia Police Station, D.K. District.
4. During the course of investigation of the said case, petitioner who was arrested was produced before the jurisdictional Magistrate on 26.10.2024 and subsequently remanded to the judicial custody. The bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5256/2024 was rejected on 06.01.2025 and therefore, the petitioner is before this Court.
5.
Learned counsel for the petitioner submits that maximum punishment for the aforesaid offences is imprisonment for a period of three years. Petitioner is in custody for the last nearly five months, accordingly, prays to allow the petition.
6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner.
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NC: 2025:KHC:12456 CRL.P No. 2447 of 2025
7. Perusal of the material on record would go to show that petitioner herein was arrested in Crime No.34/2022 registered by Sullia Police Station, D.K. for the offences punishable under Sections 395, 120B read with Section 34 of IPC, and was brought to the Court, to be produced on 05.10.2024. It is averred in the first information that petitioner was taken to hospital for medical examination before producing him to the Court and in the hospital, petitioner pushed the police constable who was escorting him and managed to escape. It is brought to the notice of this Court that petitioner has now been granted regular bail in Crime No.34/2022. So far as the present case is concerned, the maximum punishment for the alleged offences is imprisonment for a period of three years. Petitioner is in custody in the present case from 26.10.2024 and in the circumstances, I am of the opinion that the prayer for grant of regular bail has to be answered affirmatively.
8. The Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.118/2024 of Sullia Police Station, D.K District, registered for the offences punishable under Sections 132, 262, 121(1) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
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NC: 2025:KHC:12456 CRL.P No. 2447 of 2025
a) Petitioner shall execute 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.
Sd/- (S VISHWAJITH SHETTY) JUDGE
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