MADIVALAPPA MALLAPPA KORATAGI @ RAMESHA v. STATE OF KARNATAKA BY
CRL.P/3623/2025 · 2025-04-08
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19735 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19735 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15031 CRL.P No. 3623 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3623 OF 2025 BETWEEN:
MADIVALAPPA MALLAPPA KORATAGI @ RAMESHA, S/O LATE MALLAPPA KORATAGI, AGED ABOUT 19 YEARS, RESIDING AT KORATAGI VILLAGE AND POST, DEVARAHIPPARAGI TALUK, VIJAYAPURA DISTRICT - 586 118.
(IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. SRIKANTH B., ADVOCATE) AND:
STATE OF KARNATAKA BY SHO, BIDADI PS, RAMANAGARA.
REP BY THE SPP, HIGH COURT COMPLEX, BANGALORE - 560 001. …RESPONDENT (BY SMT.PUSHPALATHA.B., ADDITIONAL SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.254/2024 OF THE RESPONDENT POLICE I.EBIDADI POLICE FOR THE OFFENCE P/U/S 61(2), 310(2), 127(2) OF BNS PENDING ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND C.J.M RAMANAGARA DISTRICT RAMANAGARA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15031 CRL.P No. 3623 of 2025
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER Accused No.2 in Crime No.254/2024 registered Bidadi Police Station, Ramanagara, for offences punishable under Sections 61(2), 310(2), 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 offences punishable under Sections 310(2), 127(2) of BNS, 2023 against unknown persons, based on the first information dated 11.07.2024 received from Hanumantha Jalikatti S/o Siddappa.
4. During the course of investigation of the case, petitioner herein was arrested on 18.07.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed
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NC: 2025:KHC:15031 CRL.P No. 3623 of 2025
against six persons. Petitioner is arraigned as accused No.2 in the chare sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.39/2025 was rejected on 11th February, 2025. Therefore, petitioner is before this Court.
5.
Learned Counsel for the petitioner who submits that petitioner has no criminal antecedents is in custody from 18.07.2024. Accused Nos.3 and 6 have been granted regular bail by this Court. Accordingly, he prays to allow this petition.
6. Per contra, learned Additional SPP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner.
7. FIR in the present case was registered initially for offences punishable under Sections 310(2), 127(2) of BNS, 2023 against unknown persons. Allegations in the first information is that on 10.07.2024 at about 9:00 p.m., when the first informant was working as a night watchman
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NC: 2025:KHC:15031 CRL.P No. 3623 of 2025
in SPR Distillari along with two other securities, 8-10 persons suddenly entered the Distillari and after wrongfully confining him, they had assaulted him on his back and head and thereafter, tied his hand with a rope and snatched his mobile phone and also amount of Rs.2,500/-. It is further alleged that said persons assaulted the other two security persons and before leaving the spot of crime they allegedly took along with them about ten motor pumps in a canter lorry and left the spot. Accused Nos.3 and 6 as against whom similar allegations are found in the charge sheet have been enlarged on bail by this Court in Crl.P.No.13339/2024 and Crl.P.No.13832/2024.
8. Petitioner aged about 19 years having no other criminal antecedents is in custody from 18.07.2024. Investigation of the case is already completed and charge sheet has been filed. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of
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NC: 2025:KHC:15031 CRL.P No. 3623 of 2025
regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.254/2024 registered Bidadi Police Station, Ramanagara, for offences punishable under Sections 61(2), 310(2), 127(2) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute 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:15031 CRL.P No. 3623 of 2025
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 KVR List No.: 1 Sl No.: 61