Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15184 CRL.P No. 4103 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. 4103 OF 2025 BETWEEN:
SRI. M. TEJAS S/O LATE MURUGA AGED ABOUT 26 YEARS R/A NO.61, 6TH CROSS 9TH MAIN, GURURAJA LAYOUT, BENGALURU SOUTH BANGALORE - 560 085. …PETITIONER (BY SRI MAHESH S, ADV.)
AND:
STATE OF KARNATAKA BY YELAHANKA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.10 ON BAIL IN CR.NO.105/2020 REGISTERED BY THE RESPONDENT YELAHANKA P.S., FOR THE OFFENCES P/U/S 364(A),397 OF IPC, PENDING ON THE FILE OF THE HONBLE VII ACJM, BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15184 CRL.P No. 4103 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.10 in Crime No.105/2020 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Sections 364A and 397 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.105/2020 was registered Yelahanka Police Station, Bengaluru, for the aforesaid offences against Triveni and seven other unknown persons based on the first information dated 06.07.2020 received from Sunil Kumar N, who is the alleged victim in the present case. During the course of investigation, some of the accused were arrested and after completing investigation, charge sheet has been filed against 10 persons. Petitioner is arraigned as accused No.10 in the charge sheet. After the charge sheet was filed, the committal Court had committed cases as against accused who were arrested in the case and case as against said accused persons is registered before the jurisdictional Sessions Court in SC No.1399/2024. Petitioner herein, who is arraigned as accused
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NC: 2025:KHC:15184 CRL.P No. 4103 of 2025
No.10 in the charge sheet was subsequently arrested on 21.02.2025 and produced before the learned Magistrate and on the said date, he was remanded to judicial custody in Crime No.105/2020. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1767/2025 was rejected on 06.03.2025. Therefore, he is before this Court.
4.
Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. Accused Nos.1 to 4, who were arrested in the case have been granted regular bail and case as against them is pending before the jurisdictional Sessions Court in S.C.No.1399/2024. Since investigation of the case is already completed, petitioner’s custody is no more required. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that petitioner has been absconding for the last more than four years and in the event, he is enlarged on bail, he is likely to flee away from justice. Accordingly, he prays to dismiss the petition. 6. The allegation in the first information dated 06.07.2020 would go to show that on 20.06.2020 at about 09.00 p.m.,
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NC: 2025:KHC:15184 CRL.P No. 4103 of 2025
accused No.1 – Smt. Triveni and other accused persons allegedly stopped the car of the first informant and threatened him with knife point and thereafter snatched his gold ornaments, cash of Rs.25,000/-, mobile phone and insisted him to get a sum of Rs.1 crore from his house. When he refused, accused persons allegedly assaulted him and took him to several places however, he managed to escape and thereafter, approached the police. A perusal of the first information would reveal that accused No.1 - Triveni was acquainted to first informant. Triveni and other accused persons, who are arraigned as accused Nos.1 to 4 in the present case were arrested and subsequently, they are enlarged on bail. Undisputedly, petitioner has no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Therefore, his custody is no more required. Under the circumstances, I am of the opinion that his prayer for grant of regular bail can be considered subject to imposing appropriate conditions. Accordingly, the following order:-
7. The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.105/2020 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under
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NC: 2025:KHC:15184 CRL.P No. 4103 of 2025
Sections 364A and 397 of IPC, 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;
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