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2025 DAILYLAW 20399 (KAR)

MR CHETHAN KUMAR L N v. STATE OF KARNATAKA

CRL.P/3517/2025 · 2025-04-01

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13652 CRL.P No. 3517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3517 OF 2025 BETWEEN: MR CHETHAN KUMAR L N, S/O LAKSHMINARAYANA, AGED ABOUT 31 YEARS, RESIDING AT 17TH WARD, KANCHUKOTE, BAGEPALLI, CHIKKABALLAPURA RURAL DISTRICT, KARNATAKA - 561 207. …PETITIONER (BY SRI. JAGADISH J R.,ADVOCATE) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER, BAGEPALLI P S, BAGEPALLI - 561 207. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.PUSHPALATHA.B., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE BAIL PETITION AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.459/2024 OF THE RESPONDENT BAGEPALLI POLICE STATION REGISTERED FOR THE OFFENCE P/U/S 140(2), 311 OF BNS 2023 AND PENDING Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13652 CRL.P No. 3517 of 2025 BEFORE THE HONBLE PRL. CIVIL JUDGE AND JMFC AT BAGEPALLI. 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.6 in Crime No: 459/2024 registered by Bagepalli Police Station, Chikkaballapura for offences punishable under Sections 140(2) and 311 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.459/2024 was registered by Bagepalli Police Station, Chikkaballapura District for the aforesaid offences against Bombay Saleem and four other based on the first information dated 20.12.2024 received from Ashwathnarayanaswamy S/o Narashimhappa. 4. During the course of investigation of the case, petitioner herein was arrested on 07.01.2025. Bail application filed before the Jurisdictional Sessions Court in - 3 - NC: 2025:KHC:13652 CRL.P No. 3517 of 2025 Crl.Misc.No.105/2025 was rejected on 04th March, 2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner has no other criminal antecedents. Accused No.7 has been granted regular bail by this Court in Crl.P.No.2148/2024 and accused Nos.8 and 11 have been granted regular bail by the Jurisdictional Sessions Court. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. She submits that a sum of Rs.15,000/- has been recovered from the possession of petitioner in the present case. Accordingly, she prays to dismiss this petition. 7. Perusal of the material on record would go to show that first information was submitted on 20.12.2024 by the victim alleging that on the said date while he was traveling in his car bearing registration No.KA-11A-6764 carrying a sum of Rs.16.00 lakhs, some persons came in a Innova car bearing registration No.KA-04-AD-1217 and - 4 - NC: 2025:KHC:13652 CRL.P No. 3517 of 2025 intercepted his car and from the said car accused Bombay Saleem and four other persons got down and after threatening him showing a knife snatched the bag in which he was carrying a sum of Rs.16.00 lakhs and thereafter, escaped from the spot. 8. During the course of investigation of the case, petitioner herein was arrested on 07.01.2025 and subsequently remanded to judicial custody. It is not in dispute that petitioner has cooperated during the course of investigation and there is a recovery of Rs.15,000/- from his possession. Accused No.8 was arrested in the present case and from his possession a sum of Rs.50,000/- was recovered during the course of investigation. Accused No.8 has been granted regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.74/2025. Accused No.11 is said to be the person who had showed the car of the first informant to the other accused persons and after his arrest the pulsar bike used by him to follow the car of first informant was seized. Accused No.11 has been granted - 5 - NC: 2025:KHC:13652 CRL.P No. 3517 of 2025 regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.30/2025, Accused No.7 has been granted regular bail by this Court in Crl.P.No.2148/2025. Undisputedly, petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter, 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 The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No: 459/2024 registered by Bagepalli Police Station, Chikkaballapura for offences punishable under Sections 140(2) and 311 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; - 6 - NC: 2025:KHC:13652 CRL.P No. 3517 of 2025 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 KVR List No.: 1 Sl No.: 84