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2025 DAILYLAW 18472 (KAR)

SURESH v. STATE BY SADASHIVANAGAR POLICE STATION

CRL.P/2878/2025 · 2025-03-17

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11021 CRL.P No. 2878 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. 2878 OF 2025 BETWEEN: SURESH S/O SRI KRISHNAKUMAR AGED ABOUT 36 YEARS R/AT NO.6, 2ND CROSS VASANTHNAGAR, BENGALURU - 560 052. …PETITIONER (BY SRI GIREESHA R.J, ADV.) AND: STATE BY SADASHIVANAGAR POLICE STATION RAMANAGAR DISTRICT - 560 080 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAYA 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.16/2025 FOR THE ALLEGED OFFENCES PUNISHABLE U/S. 126(2), 308(2), 329(4), 351(2), 351(3), 352, 75(2) OF BNS, 2023, REGISTERED BY THE SADASHIVANAGAR POLICE STATION, BENGALURU, NOW PENDING ON THE FILE HONBLE 1ST ADDL. 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 Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11021 CRL.P No. 2878 of 2025 ORAL ORDER 1. Accused in Crime No.16/2025 registered by Sadashivanagar Police Station, Bengaluru City, for the offences punishable under Sections 126(2), 308(2), 329(4), 351(2), 351(3), 352, 75(2) of BNS, 2023, 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.16/2025 was registered by Sadashivanagar Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 26.01.2025 received from Akshay who is the cousin brother of victim girl aged about 19 years. Petitioner who was arrested in the present case on 26.01.2025 was subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.893/2025 was rejected on 17.02.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the petitioner allegedly had entered the room of the victim girl on 25.01.2025 and had misbehaved with her and her friends - 3 - NC: 2025:KHC:11021 CRL.P No. 2878 of 2025 and he had represented to them that he was a police. Material on record would go to show that petitioner is working as a home guard since the year 2021 onwards. The alleged offences are triable by the court of Magistrate and the maximum punishment for the said alleged offences is imprisonment for a period of three years. It is not in dispute that petitioner has no other criminal antecedents. Learned HCGP, on instructions, submits that investigation of the case is completed and charge sheet is ready. In view of the said submission, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.16/2025 registered by Sadashivanagar Police Station, Bengaluru City, for the offences punishable under Sections 126(2), 308(2), 329(4), 351(2), 351(3), 352, 75(2) 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 - 4 - NC: 2025:KHC:11021 CRL.P No. 2878 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 KK