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2025 DAILYLAW 19038 (KAR)

ANUPAMSINGH @ANUP @ ANUPAM v. THE STATE OF KARNATAKA

CRL.P/3338/2025 · 2025-03-27

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13089 CRL.P No. 3338 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. 3338 OF 2025 BETWEEN: ANUPAMSINGH @ ANUP @ ANUPAM S/O LATE MANOJ AGED ABOUT 24 YEARS R/AT NO.80 24TH MAIN 4TH CROSS THIRUMALA THEATARE OPPOSITE ROAD SRINIVASA REDDY RENT HOUSE AGRA GRAMA H.S.R LAYOUT, BANGALORE - 560 102. …PETITIONER (BY SRI CHANDRAPPA K.N, ADV.) AND: THE STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION BANGALORE, REP. BY STATE PUBLIC PROSECUTOR, 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 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S. 439 CODE OF CRIMINAL PROCEDURE. IN (CRIME NO.262/2021) S.C.NO.184/2022 AT ELECTRONIC CITY POLICE STATION OFFENCE U/S.120(B), 143, 144, 147, 148, 150, 341, 427, 307, 302 R/W 149 OF IPC AND U/S. 4, 25(1B)(b) ARMS ACT. PENDING ON THE FILE OF VI ADDL. DISTRICT AND SESSIONS JUDGE BANGALORE RURAL DISTRICT ON THE OF VI ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT BANGALORE. 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:13089 CRL.P No. 3338 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City for the offences punishable under Sections 120(B), 143, 144, 147, 148, 150, 341, 427, 307 & 302 R/w 149 of IPC is before this Court under Section 439 of Cr.P.C, in this successive bail application seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.262/2021 was registered by Electronic City Police Station, Bengaluru City for the aforesaid offences against Naveen Kumar and two others, on the basis of first information dated 28.12.2021 received from Sri. Tridev, who is the son of deceased Smt. Archana Reddy. During the course of investigation, the petitioner was arrested on 28.12.2021 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against ten persons. The - 3 - NC: 2025:KHC:13089 CRL.P No. 3338 of 2025 petitioner herein is arraigned as accused No.3 in the charge sheet for the aforesaid offences. His bail application before the jurisdictional Sessions Court was rejected. Therefore, he had approached this Court in Crl.P.No.5757/2023, which was dismissed as withdrawn with liberty toe the petitioner to file a fresh petition after examination of CWs.1 to 4 & 6 is completed before the Trial Court. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel appearing for the petitioner submits that CWs.1 to 7 have been examined before the Trial Court and the said witnesses have completely turned hostile to the case of the prosecution. 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. The petitioner is in custody from 28.12.2021. CWs.1 to 4 and CW.6 are the alleged eye witnesses to the - 4 - NC: 2025:KHC:13089 CRL.P No. 3338 of 2025 incident in question and some of them are also the injured eye witnesses. CWs.1 to 7 are examined before the Trial Court as PWs.1 to 7. PWs.1 to 7 have been treated as hostile witnesses by the prosecution. The public prosecutor has cross-examined them, but nothing material has been elicited from the mouth of the these witnesses. Considering the said aspect and also considering the period of incarceration of the petitioner, I am of the opinion that, the prayer made by him for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.262/2021 registered by Electronic City Police Station, Bengaluru City for the offences punishable under Sections 120(B), 143, 144, 147, 148, 150, 341, 427, 307 & 302 R/w 149 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One - 5 - NC: 2025:KHC:13089 CRL.P No. 3338 of 2025 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; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS