Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11743 CRL.P No. 3272 of 2025 C/W CRL.P No. 3320 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. 3272 OF 2025 C/W CRIMINAL PETITION NO. 3320 OF 2025 IN CRL.P.NO.3272/2025: BETWEEN: ANANDA S/O MUNIKRISHNAPPA AGED ABOUT 27 YEARS R/AT EBBALOORU 3RD MAIN ROAD 2ND CROSS, SARJAPURA ROAD BENGALURU - 560 102. …PETITIONER (BY SRI M. KRISHNE GOWD, ADV., FOR SMT. SHIVAMMA D, ADV.) AND:
STATE OF KARNATAKA STATE BY ELECTRONIC CITY P.S.
RPTD 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 PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.262/2021 OF ELECTRONIC CITY POLICE, NOW IN S.C.NO.184/2022 AND PENDING TRIAL BEFORE VI ADDL. DISTRICT AND SESSIONS JUDGE AT BANGALORE RURAL, FOR THE OFFENCES P/U/S.120(B), 143, 144, 147, 148, 150, 341, 427, 307, 302 R/W 149 OF IPC AND U/S 4 AND 25(1-B) (B) OF ARMS ACT.
Digitally signed by NANDINI D Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11743 CRL.P No. 3272 of 2025 C/W CRL.P No. 3320 of 2025
IN CRL.P.NO.3320/2025: BETWEEN: NARENDRA S/O MUNIYAPPA AGED ABOUT 23 YEARS R/AT 13TH B CROSS TEACHERS COLONY VENKATAPURA, ORAMANGALA 1ST BLOCK, BENGALURU - 560 034. ...PETITIONER (BY SRI. M. KRISHNA GOWDA, ADV., FOR SMT. SHIVAMMA D, ADV.)
AND:
STATE OF KARNATAKA STATE BY ELECTRONIC CITY P.S RPTED 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 (FILED U/S.483 BNSS) CR.P.C PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.262/2021 OF ELECTRONIC CITY POLICE, NOW IN S.C.NO.184/2022 AND PENDING TRIAL BEFORE VI ADDL. DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL FOR THE OFFENCE P/U/S 120(B),143,144,147,148,150,341,427,307,302 R/W SEC.149 OF IPC AND SEC.4 AND 25(1-B)(B) OF ARMS ACT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
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NC: 2025:KHC:11743 CRL.P No. 3272 of 2025 C/W CRL.P No. 3320 of 2025
ORAL ORDER
Accused Nos.4 and 5 in S.C.No.184/2022 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural arising out of 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 and Section 25(1-B) (B) of Indian Arms Act, 1959 are before this Court seeking regular bail in these two petitions.
2. Heard the learned counsel for the parties.
3. FIR in Crime.No.262/2021 was registered by Electronic City Police Station, Bengaluru City initially for the offences punishable under Sections 341, 427, 302 & 120B R/w 34 of IPC and Section 25(1-B) (B) of Indian Arms Act, 1959 against Naveen Kumar and two others on the basis of the first information dated 28.12.2021 submitted by Tridev S/o Arvind. During the course of investigation, the petitioners were arrested on 30.12.2021
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NC: 2025:KHC:11743 CRL.P No. 3272 of 2025 C/W CRL.P No. 3320 of 2025
and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against 10 persons. The petitioners herein are arrayed as accused Nos.4 and 5 in the charge sheet.
4. The bail application filed by accused Nos.4 before the jurisdictional Sessions Court in Crl.Misc.1488/2022 was rejected on 24.08.2022 and the bail application filed by accused No.5 before the jurisdictional Sessions Court in Crl.Misc.No.99/2022 was rejected on 31.01.2022. Therefore, they are before this Court.
5.
Learned counsel appearing for petitioners submits that the petitioners are in custody for the last more than three years. CWs.1 to 4 and CW.6 are the alleged eye witnesses in the present case. The said witnesses are already examined before the Trial Court and they have turned hostile to the case of the prosecution. The petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petitions.
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NC: 2025:KHC:11743 CRL.P No. 3272 of 2025 C/W CRL.P No. 3320 of 2025
6. Per contra, the learned Addl. SPP who has opposed the bail applications however, does not dispute the submission made by the learned counsel for the petitioners.
7. The material on record would go to show that CWs.1 to 4 and CW.6 are the alleged eye witnesses to the incident in question. The prosecution till date has examined 8 charge sheet witnesses as PWs.1 to PW8. All the said witnesses have turned hostile to the case of the prosecution. Undisputedly, the petitioners do not have any criminal antecedents. They are in custody for the last more than three years.
8. Considering the aforesaid aspects of the matter, I am of the opinion that petitioners' prayer for grant of regular bail requires to be answered affirmatively.
9. Accordingly, the following:
ORDER The Criminal Petitions are allowed.
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NC: 2025:KHC:11743 CRL.P No. 3272 of 2025 C/W CRL.P No. 3320 of 2025
The petitioners are directed to be enlarged on bail in S.C.No.184/2022 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural arising out of 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 and Section 25(1-B) (B) of Indian Arms Act, 1959, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
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NC: 2025:KHC:11743 CRL.P No. 3272 of 2025 C/W CRL.P No. 3320 of 2025
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS