Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11745 CRL.P No. 3171 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3171 OF 2025 BETWEEN: JOSE(A-1) S/O ABRAHAM JAKOB AGED ABOUT 45 YEARS RESIDENT OF DODDARAYAPETE VILLAGE, DODDARAYAPETE POST CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT. …PETITIONER (BY SRI M. SHARASS CHANDRA, ADV.) AND:
STATE OF KARNATAKA BY CHAMARAJANAGARA CITY EAST P.S.(REP BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001) …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE RELIEF OF THE REGULAR BAIL TO THE ABOVE NAMED PETITIONER / ACCUSED NO.1 IN CRIME NO 182/2024 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC, CHAMARAJANAGAR FOR OFFENCES PUNISHABLE UNDER SECTION 3(5), 318(2),318(4) OF BNS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11745 CRL.P No. 3171 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in Crime No.182/2024 registered by Chamarajanagar East Police Station, Chamarajanagar District for the offences punishable under Sections 316(2), 318(4) R/w 3(5) of BNSS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.182/2024 was registered by Chamarajanagar East Police Station, Chamarajanagar District against the petitioner herein and another for the offences punishable under Sections 318(2), 318(4) R/w 3(5) of BNSS, 2023, on the basis of first information dated 17.10.2024 received from Sri Nagaraju. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 28.12.2024. Investigation in the case is complete and charge sheet has been filed.
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NC: 2025:KHC:11745 CRL.P No. 3171 of 2025
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crime.No.182/2024 was dismissed on
06.01.2025. Therefore, he is before this Court.
5.
Learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedents. Investigation of the case is complete and charge sheet has been filed. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition.
7. Investigation in the present case is complete and charge sheet has been filed. The petitioner is in custody from 28.12.2024. Undisputedly, the petitioner has no criminal antecedents. The alleged offences are triable by the Court of Magistrate and maximum punishment for the alleged offences is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner
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NC: 2025:KHC:11745 CRL.P No. 3171 of 2025
for grant of regular bail needs to be answered affirmatively.
8. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Crime No.182/2024 registered by Chamarajanagar East Police Station, Chamarajanagar District for the offences punishable under Sections 316(2), 318(4) R/w 3(5) of BNSS, 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
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NC: 2025:KHC:11745 CRL.P No. 3171 of 2025
d) The petitioner shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS