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2025 DAILYLAW 18297 (KAR)

MR. RAGHUKUMAR @ RAGHU @ TEJAS v. STATE BY KARNATAKA

CRL.P/2865/2025 · 2025-03-27

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13075 CRL.P No. 2865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2865 OF 2025 BETWEEN: MR. RAGHUKUMAR @ RAGHU @ TEJAS S/O DODDARANGAIAH AGED ABOUT 28 YEARS RESIDING AT NO.110 MASTHAMMA NILAYA 1ST MAIN ROAD, 3RD CROSS, MUTHYALANAGAR, JNANABHARATHI BANGALORE - 560 056. …PETITIONER (BY SRI S. SHEHINSHA ALI, ADV.) AND: STATE BY KARNATAKA BY CHANDRA LAYOOUT POLICE STATION, BENGALURU - 560 001 KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR HCK BUILDING, BANGALORE - 01. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.440/2024 REGISTERED AT CHANDRA LAYOUT POLICE STATION, BENGALURU FOR OFFENCE PUNISHABLE UNDER SECTIONS 61(2),329(4), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2),308(2) READ WITH 190 OF BNS WITH SC NO.1528/2024 PENDING BEFORE THE HONBLE LIII ADDL. CITY CIVIL AND SESSIONS SPECIAL JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13075 CRL.P No. 2865 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.13 in Crime No.440/2024 registered by Chandra Layout Police Station, Bengaluru City for the offences punishable under Sections 61(2), 329(4), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2) read with Section 190 of BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.440/2024 was registered by Chandra Layout Police Station, Bengaluru City against Joseph and five others initially for the offences punishable under Sections 329(4), 87, 74, 118, 70(1), 308(2) R/w 190 of BNS, 2023 on the basis of first information dated 17.08.2024 received from Smt Manjula W/o Lankesh. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 06.10.2024. Investigation in the case is - 3 - NC: 2025:KHC:13075 CRL.P No. 2865 of 2025 complete and charge sheet has been filed against 13 persons and the petitioner herein as arraigned as accused No.13 in the charge sheet for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.10960/2024 was dismissed on 30.12.2024. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that accused No.10, 11, 12 have been granted regular bail by this Court. The petitioner has no criminal antecedents and he is in custody from 06.10.2024. There is no allegation against the petitioner about he torturing or ill-treating CWs.1 to 4 after they were kidnapped. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 7. As per the charge sheet allegation, on 12.08.2024 CW.3 was abducted by accused No.4 in his - 4 - NC: 2025:KHC:13075 CRL.P No. 2865 of 2025 auto rickshaw and accused No.13 was present along with accused No.4 at that point of time. Thereafter, CWs.1 to 3 who were kept in a premises at Nayandahalli belonging to CW.39 were allegedly tortured and ill-treated in the said premises. There is no allegation against the petitioner about he ill-treating CWs.1- to 3 in the aforesaid premises. Subsequently, CWs.1 to 3 were also shifted to the house of accused No.3 and in the said house also they were ill- treated. There is no allegation against the petitioner about he ill-treating CWs.1 to 3 even in the house of accused No.3 or about he ill-treating CW.4 at any point of time. Petitioner has no criminal antecedents. He is in custody from 06.10.2024. Accused Nos.10, 11 & 12 have been granted bail by this Court in Crl.P.No.12711/2024 C/w Cr.P.No.13214/2024 and Crl.P.No.1018/2025. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: - 5 - NC: 2025:KHC:13075 CRL.P No. 2865 of 2025 ORDER The petitioner is directed to be enlarged on bail in Crime No.440/2024 registered by Chandra Layout Police Station, Bengaluru City for the offences punishable under Sections 61(2), 329(4), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2) read with Section 190 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One 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; - 6 - NC: 2025:KHC:13075 CRL.P No. 2865 of 2025 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 NMS