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2025 DAILYLAW 20605 (KAR)

SRI THARANATHA v. THE STATE BY

CRL.P/3740/2025 · 2025-04-01

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13577 CRL.P No. 3740 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. 3740 OF 2025 BETWEEN: SRI THARANATHA AGED ABOUT 37 YEARS, S/O LATE JAYASHEEL SUVARNA, C/O SURVEY NO.114, SHEET HOUSE NO.C-1, RAJASHEKAR REDDY RENTED HOUSE, ADARSHA AUTO MOBILE ROAD, NEAR BEML LAYOUT, KUNDANAHALLI, BENGALURU TOWN, KARNATAKA-560037. PERMANENT ADDRESS: PAKSHIKERE, COFFFEENADU VILLAGE, PANCHA POST, KEMBRAL HOBLI, MULKI TALUK, DHAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI. NAGAMANJU K.S., ADVOCATE) AND: THE STATE BY WHITEFIELD POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13577 CRL.P No. 3740 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CR.NO.283/2023 REGISTERED IN WHITEFIELD P.S., IN CC.NO.12471/2023 AND REGISTERED IN SC.NO.294/2023, FOR THE OFFENCE P/U/S 302 OF IPC, WHICH IS COMMITTED TO THIS HON'BLE COURT BY THE ORDER OF THE HON'BLE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.294/2023 pending before the Court of IX Addl. District & Sessions Judge, Bengaluru Rural District arising out of Crime No.283/2023 registered by Whitefield Police Station, Bengaluru City for the offences punishable under Sections 302 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.283/2023 was registered by Whitefield Police Station, Bengaluru City against the petitioner herein for the aforesaid offence, on the basis of - 3 - NC: 2025:KHC:13577 CRL.P No. 3740 of 2025 first information dated 06.08.2023 received from Sri Rajashekar Reddy, who is the owner of the house in which deceased Saritha was residing. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 06.08.2023. Investigation in the case is complete and charge sheet has been filed against him for the aforesaid offence. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.294/2023 was dismissed on 04.02.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, the petitioner is in custody in the present case from 06.08.2023. Undisputedly, he has no other criminal antecedents. The prosecution till date has examined 12 charge sheet witnesses in the present case. All material charge sheet witnesses have turned hostile to the case of the prosecution and they have been cross-examined by the prosecution, but nothing material has been elicited - 4 - NC: 2025:KHC:13577 CRL.P No. 3740 of 2025 from their mouth which is incriminating as against the petitioner. 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. 6. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.294/2023 pending before the Court of IX Addl. District & Sessions Judge, Bengaluru Rural District arising out of Crime No.283/2023 registered by Whitefield Police Station, Bengaluru City for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute a 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 - 5 - NC: 2025:KHC:13577 CRL.P No. 3740 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS