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2025 DAILYLAW 19649 (KAR)

SUNIL V @ KULLA v. STATE OF KARNATAKA

CRL.P/3618/2025 · 2025-03-22

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:12100 CRL.P No. 3618 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3618 OF 2025 BETWEEN: SUNIL V @ KULLA S/O VENKATESH A AGED ABOUT 25 YEARS NO.156, 1ST CROSS JCW NAGAR SESHADRIPURAM BENGALURU-560020. …PETITIONER (BY SRI. THILAKRAJ S.V. ADV.,) AND: STATE OF KARNATAKA BY SHESHADRIPURAM P.S. BANGALORE, REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO KINDLY RELEASE HIM ON BAIL IN C.C.NO.36334/2024 ARISING OUT OF CR.NO.78/2024 OF SESHADRIPURAM P.S., WHICH IS SUBSEQUENTLY REGISTERED AS NOW PENDING ON THE FIEL OF I ACMM FOR OFFENCES P/U/S 103(1), 3(5), 61(2), 126(2), 190 OF BNS, 2023, SEC. 4, 25(1)(B)(B) OF ARMS ACT, 1959. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12100 CRL.P No. 3618 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 Accused No.10 in Crime No.78/2024 registered by Seshadripuram Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 61(2), 126(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 25(1)(B)(b) of the Arms Act, 1959, pending on the file of the I Additional CMM Court, Nrupatunga Road, Bengaluru, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.78/2024 was registered by Seshadripuram Police Station, Bengaluru City, against Sri.Naga and others based on the first information dated 01.08.2024 received from Charulatha K. During the course of investigation, the petitioner herein was arrested on - 3 - NC: 2025:KHC:12100 CRL.P No. 3618 of 2025 18.08.2024 and subsequently remanded to judicial custody and after completing the investigation, the petitioner was arraigned as accused No.10 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.224/2025 was rejected on 23.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that similarly situated other accused person has been granted regular bail by this Court in Crl.P.No.511/2025 disposed of on 05.02.2025. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Learned High Court Government Pleader, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record and the copy of the orders passed by this Court granting regular bail to other accused persons would go to show that the allegation of assaulting deceased Ajith Kumar and - 4 - NC: 2025:KHC:12100 CRL.P No. 3618 of 2025 committing his murder on 01.08.2024 is as against accused Nos.1 & 2. The other accused persons allegedly had conspired to commit the murder of deceased Ajith Kumar. Similarly situated other accused persons have already been granted regular bail by this Court in Crl.P.No.511/2025 and other criminal petitions. Undisputedly, the petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer of the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.78/2024 registered by Seshadripuram Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 61(2), 126(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 25(1)(B)(b) of the Arms Act, 1959, pending on the file of the I Additional CMM Court, Nrupatunga Road, Bengaluru, subject to the following conditions: - 5 - NC: 2025:KHC:12100 CRL.P No. 3618 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; 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 BSR List No.: 1 Sl No.: 47