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2025 DAILYLAW 17459 (KAR)

SHARAVANA G @ SHARU v. THE STATE OF KARNATAKA

CRL.P/2533/2025 · 2025-03-18

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11234 CRL.P No. 2533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2533 OF 2025 BETWEEN: SHARAVANA G @ SHARU SON OF LATE GUNA SHEKAR .A AGED ABOUT 27 YEARS NO.109, JCW NAGARA SESHADRIPURAM BANGALORE - 560 020. …PETITIONER (BY SRI P. SRINIVAS KUMAR, ADV.) AND: THE STATE OF KARNATAKA BY SSHADRIPURAM POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; R-2 DELETED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.11 ON BAIL IN C.C.NO.36334/2024(CR.NO.78/2024) FOR THE OFFENCES P/U/S 103(1), 61(2), 126(2), 190 OF BNS 2023 AND SEC. 4, 25(1)(B)(b) OF ARMS ACT 1959 OF RESPONDENT Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11234 CRL.P No. 2533 of 2025 POLICE, PENDING ON THE FILE OF THE LRD. I ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE. 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 No.11 in Crime No.78/2024 registered by Seshadripuram Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 61(2), 126(2) and 190 of BNS, 2023 and Sections 4 and 25-1(B)(b) of the Arms Act, 1959, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.78/2024 was registered by Seshadripuram Police Station, Bengaluru City, for the aforesaid offences against Naga and 14 others on the basis of the first information dated 01.08.2024 received from one Charulatha K. During the course of investigation, petitioner was arrested on 20.10.2024. Investigation in the case is completed and charge sheet has been filed. Petitioner is arraigned as accused No.11 - 3 - NC: 2025:KHC:11234 CRL.P No. 2533 of 2025 in the charge sheet. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.9772/2024 was rejected on 29.11.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. The allegation as against the petitioner is that he had conspired to commit the murder of Ajithkumar. Similarly placed other accused have already been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. A perusal of the material on record would go to show that deceased Ajithkumar was an accused in Crime No.128/2022 registered by Sheshadripuram Police Station, Bengaluru, for having committed murder of Ganeshraj @ Ganesh, who is the close relative of accused Nos.3, 4, 12 and 13. It is in this background, accused Nos.3, 4, 12 and 13 allegedly conspired with other accused persons to commit the murder of Ajithkumar. After Ajithkumar was enlarged on bail in the murder case of Ganeshraj @ Ganesh, on 01.08.2024 at 03.38 - 4 - NC: 2025:KHC:11234 CRL.P No. 2533 of 2025 p.m. when Ajithkumar was riding his motor bike, accused Nos.1 and 2, who followed him in a two wheeler, intercepted his motor bike and thereafter assaulted him with deadly weapons and committed his murder. From the aforesaid, it is very clear that the allegation of assaulting Ajithkumar is only as against accused Nos.1 and 2 and allegation as against other accused persons is about conspiracy. This Court has granted regular bail to similarly situated accused persons in Crl.P.Nos.106/2025, 266/2025, 511/2025 and 14041/2024. Undisputedly, petitioner has no other criminal antecedents. He is in custody from 20.10.2024. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.78/2024 registered by Seshadripuram Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 61(2), 126(2) and 190 of BNS, 2023 and Sections 4 and 25-1(B)(b) of the Arms Act, 1959, subject to the following conditions: - 5 - NC: 2025:KHC:11234 CRL.P No. 2533 of 2025 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 permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE DN