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2025 DAILYLAW 19546 (KAR)

SRI DIVAKAR A v. STATE OF KARNATAKA

CRL.P/3662/2025 · 2025-03-27

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13286 CRL.P No. 3662 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. 3662 OF 2025 BETWEEN: SRI DIVAKAR A S/O ALEKKUMAR AGED ABOUT 25 YEARS R/AT. NO.95, BBMP QUATTERS NEAR SATELLITE BUS STAND BAPOOJINAGAR, BENGALURU - 560 026. …PETITIONER (BY SRI NAVEEN KUMAR M, ADV.) AND: STATE OF KARNATAKA BY BIDADI POLICE STATION RAMANAGAR REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN S.C.NO.102/2024 PENDING ON THE FILE OF THE HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGAR, ARRIVED OUT OF CR.NO.254/2024 OF BIDAI POLICE STATION, FOR THE OFFENCES P/U/S 61(2), 310(2) AND 127(2) OF BNS. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13286 CRL.P No. 3662 of 2025 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.4 in SC No.102/2024 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.254/2024 registered by Bidadi Police Station, Ramanagara, for the offences punishable under Sections 61(2), 310(2) and 127(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.254/2024 was registered by Bidadi Police Station, Ramanagara, initially for the offences punishable under Sections 310(2) and 127(2) of BNS, 2023, against unknown persons based on first information dated 11.07.2024 received from Hanumantha Jalikatti S/o Siddappa. During the course of investigation, petitioner herein was arrested on 18.07.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against six persons. Petitioner is arraigned as accused No.4 in the - 3 - NC: 2025:KHC:13286 CRL.P No. 3662 of 2025 charge sheet. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.71/2025 was rejected on 30.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused Nos.3, 4 and 6 as against whom similar allegations are found in the charge sheet have been granted regular bail by this Court. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. This Court has granted regular bail to accused Nos.3, 5 and 6 in Crl.P.No.13339/2024, Crl.P.No.338/2025 and Crl.P.No.13832/2024 respectively. It is not in dispute that the allegation as against the petitioner and accused Nos.3, 5 and 6, who have been granted regular bail by this Court, are similar in the charge sheet. Petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 4 - NC: 2025:KHC:13286 CRL.P No. 3662 of 2025 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.102/2024 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.254/2024 registered by Bidadi Police Station, Ramanagara, for the offences punishable under Sections 61(2), 310(2) and 127(2) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety 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; - 5 - NC: 2025:KHC:13286 CRL.P No. 3662 of 2025 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