Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 20738 (KAR)

PURUSHOTHAM @ DUNIYA v. STATE BY UPPARPETE POLICE STATION

CRL.P/4009/2025 · 2025-04-03

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14131 CRL.P No. 4009 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4009 OF 2025 BETWEEN: PURUSHOTHAM @ DUNIYA S/O GANGARAJU AGED ABOUT 20 YEARS R/AT NO.5, 2ND CROSS GOPALAPURA, NEAR WATER TANK, MAGADI ROAD BENGALURU CITY KARNATAKA - 560 023. …PETITIONER (BY SMT. PADMAVATHI N, ADV.) AND: STATE BY UPPARPETE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.5184/2025 ON THE FILE OF THE LEARNED V A.C.J.M BENGALURU CITY FOR THE OFFENCE P/U/S 189(2),190,238,103(1)OF BNSS 2023 WHICH AROSE OUT OF CR.NO.276/2024 REGISTERED BY UPPARPETE P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14131 CRL.P No. 4009 of 2025 ORAL ORDER 1. Accused No.8 in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru, for the offences punishable under Sections 103(1), 189(2), 190 and 238 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.276/2024 was registered by Upparpet Police Station, Bengaluru, for the aforesaid offences, initially against Mohan and others based on the first information dated 19.11.2024 received from Vinod Raj E, S/o Eraiah. During the course of investigation, petitioner herein was arrested on 24.11.2024. Investigation in the case is completed and charge sheet has been filed against 10 persons and petitioner is arraigned as accused No.8 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1781/2025 was rejected on 07.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:14131 CRL.P No. 4009 of 2025 4. Learned counsel for the petitioner submits that accused No.1 as against whom there is an allegation of stabbing the deceased has been granted regular bail by this Court in Crl.P.No.3227/2025. Petitioner has no other criminal antecedents. He is in custody from 24.11.2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the charge sheet would go to show that allegation of stabbing deceased Nagesh is as against accused No.1. Accused No.1 has been granted regular bail by this Court in Crl.P.No.3227/2025. Undisputedly, petitioner has no other criminal antecedents. In the charge sheet, it is stated that at the instance of accused No.1, injured Nagesh was shifted to the Hospital in the Autorickshaw belonging to 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. Accordingly, the following order:- - 4 - NC: 2025:KHC:14131 CRL.P No. 4009 of 2025 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru, for the offences punishable under Sections 103(1), 189(2), 190 and 238 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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; - 5 - NC: 2025:KHC:14131 CRL.P No. 4009 of 2025 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 DN