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2025 DAILYLAW 21412 (KAR)

SRI CHINNA v. THE STATION HOUSE OFFICER

CRL.P/4335/2025 · 2025-04-08

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15188 CRL.P No. 4335 of 2025 C/W CRL.P No.4771 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. 4335 OF 2025 C/W CRIMINAL PETITION NO.4771 OF2025 IN CRL.P.No.4335/2025: BETWEEN: SRI CHINNA AGED ABOUT 22 YEARS R/AT BOTTAVANI ST.COLONY KALYANADURGA ANANTHAPURA ANDRA PRADESH - 515 761. …PETITIONER (BY SRI RANGANATH REDDY R, ADV.) AND: THE STATION HOUSE OFFICER BELLANDUR POLICE STATION BANGALORE - 560 035, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA PIN CODE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIHA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDERED THE PETITIONER TO BE ENLARGED ON BAIL ON IN CRIME NO.689/2024 REGISTERED BY BELLANDUR POLICE STATION REGISTERED IN 41ST ACMM AT BANGALORE AND PENDINGI AS CC NO.1294/2025 FOR OFFENSES PUNISHABLE UNDER SECTION 103, 61, 189(2), 190, 191(2), 191(3), 238, 240 OF BNS BEFORE THE 41ST ACMM AT BANGALORE SUCH TERMS AND CONDITIONS AS Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15188 CRL.P No. 4335 of 2025 C/W CRL.P No.4771 of 2025 THIS HONBLE COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE CASE. IN CRL.P.No.4771/2025: BETWEEN: NAGARATHNAMMA W/O LATE TIPPESHA AGED ABOUT 27 YEARS R/AT SMT YELLAMMA LABOUR SHED, NEAR BOGENAGHALLI LAKE, BEGENAHALLI VILLAGE BANGALORE - 560 095. ...PETITIONER (BY SRI RANGANATH REDDY R, ADV/) AND: STATE OF KARNATAKA BELLANDUR POLICE STATION BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR (HIGH COURT OF KARNATAKA) PIN CODE - 560 001. Respondent (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGED ON BAIL ON IN CR.NO.689/2024 REGISTERED BY BELLANDURU P.S. REGISTERED IN 41ST A.C.M.M AT BENGALURU AND PENDING AS C.C.NO.1294/2025 FOR OFFENCE P/U/S 103,61,189(2),190,191(2),191(3),238,240 OF BNS ACT 2023 BEFORE THE 41ST A.C.M.M AT BENGALURU. - 3 - NC: 2025:KHC:15188 CRL.P No. 4335 of 2025 C/W CRL.P No.4771 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 4 in Crime No.689/2024 registered by Bellanduru Police Station, Bengaluru, for the offences punishable under Sections 103, 61, 189(2), 190, 191(2), 191(3), 238, 239 and 240 of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.689/2024 was registered by Bellanduru Police Station, Bengaluru, initially for the offence punishable under Section 103 of BNS, 2023, against unknown persons based on the first information dated 14.10.2024 received from Smt. Nagaratna, who is the wife of deceased Tippesha. During the course of investigation, petitioners were arrested on 19.10.2024 and after completing investigation, charge sheet is filed against five persons and petitioners herein are arraigned as accused Nos.1 and 4 in the charge sheet. Bail application - 4 - NC: 2025:KHC:15188 CRL.P No. 4335 of 2025 C/W CRL.P No.4771 of 2025 filed by them before the jurisdictional Sessions Court were rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the case of the prosecution is based on circumstantial evidence. Accused Nos.3 and 5 have been granted regular bail by this Court. Petitioners have no other criminal antecedents. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions however, does not dispute the submission made by learned counsel for the petitioners. 6. As per the charge sheet allegations, Smt. Nagaratnamma, W/o Tippesha, who is now arraigned as accused No.1 in the charge sheet had illicit relationship with accused No.2 and therefore, accused Nos.1 and 2 decided to eliminate Tippesha. Accordingly, they had conspired with accused Nos.3 to 5 and in furtherance of such conspiracy, on 14.10.2024, accused No.1 brought Tippesh to an eucalyptus tree garden where accused Nos.2 to 5 were waiting. It is alleged that thereafter accused Nos.1 to 5 assaulted and committed his murder. The entire case of the prosecution is based on circumstantial evidence. - 5 - NC: 2025:KHC:15188 CRL.P No. 4335 of 2025 C/W CRL.P No.4771 of 2025 The allegation as against accused Nos.1 to 5 are identical. Accused Nos.3 and 5 have been granted regular bail by this Court in Crl.P.No.2510/2025 and Crl.P.No.2696/2025 respectively. Petitioners herein do not have any criminal antecedents. Under the circumstances, I am of the opinion that they are entitled for grant of bail on the ground of parity. Accordingly, the following order:- 7. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.689/2024 registered by Bellanduru Police Station, Bengaluru, for the offences punishable under Sections 103, 61, 189(2), 190, 191(2), 191(3), 238, 239 and 240 of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 6 - NC: 2025:KHC:15188 CRL.P No. 4335 of 2025 C/W CRL.P No.4771 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; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN