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2025 DAILYLAW 22232 (KAR)

MR SUNIL KUMAR D v. THE STATE OF KARNATAKA

CRL.P/4437/2025 · 2025-04-04

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14488 CRL.P No. 4437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4437 OF 2025 BETWEEN: MR. SUNIL KUMAR D S/O LATE DHARANEENDRA AGED ABOUT 40 YEARS RESIDING AT NO.5/1 SRI DEVI KRUPA, 3RD MAIN 3RD CROSS, MALLIGE THOTA CHOLURPALYA, MAGADI ROAD BANGALORE NORTH BANGALORE - 560 023. …PETITIONER (BY SRI VIKRAM SIMHA, ADV.) AND: THE STATE OF KARNATAKA CENTRAL CRIME BRANCH ORGANIZED CRIME WING (EAST)/ VIDHANA SOUDHA POLICE STATION BANGALORE - 560 001 REP BY SPP, HIGH COURT, BANGALORE. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS MEMORANDUM OF CRL.P AND BE PLEASED TO DIRECT / ORDER THE RELEASE / ENLARGE THIS PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE REGISTERED FOR OFFENCE P/U/S 120B,403,409,420,465,471,468 OF IPC IN THE BEARING FIR NO.114/2024 DATED 05.04.2022 BEFORE VIDHANA SOUDHA P.S. PRESENTLY BEING INVESTIGATED BY CENTRAL CRIME BRANCH ORGANIZED CRIME WING (EAST) BENGALURU ANNEXURE-A. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14488 CRL.P No. 4437 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner who is apprehending arrest in Crime No.114/2024 registered by Vidhana Soudha Police Station, Bengaluru City for the offences punishable under Sections 120B, 403, 409, 420, 465, 471 & 468 of IPC is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.114/2024 was registered by Vidhana Soudha Police Station, Bengaluru City against Santhosh Kumar and others on the basis of first information dated 11.12.2024 received from Sri Kiran M, Admin Personnel , DCRE Office, DTC Building, Palace Road, Bengaluru. The police issued a enquiry notice on 05.03.2025 to the petitioner and apprehending arrest in the said case, the petitioner had filed - 3 - NC: 2025:KHC:14488 CRL.P No. 4437 of 2025 Crl.Misc.No.2175/2025 before the jurisdictional Sessions Court, which was rejected on 20.03.2025. Therefore, he is before this Court. 4. FIR in the present case has been registered against Santhosh Kumar and others. Petitioner's name is not found in the FIR. In the enquiry notice dated 05.03.2025 which has issued by the Investigation Officer in the present case to the petitioner it is mentioned that the petitioner's brother Anil Kumar is a suspect in the present case and he is absconding. It is stated in the enquiry notice that the petitioner allegedly had helped his brother to abscond and therefore the petitioner was called for the purpose of enquiry. The petitioner's brother Anil Kumar has been granted anticipatory bail by this Court in Crl.P.No.3566/2025 disposed of on 25.03.2025. 5. Considering the aforesaid aspects of the matter and also the averments made in the enquiry notice issued to the petitioner, I am of the opinion that petitioner's - 4 - NC: 2025:KHC:14488 CRL.P No. 4437 of 2025 prayer for grant of anticipatory bail is required to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.114/2024 registered by Vidhana Soudha Police Station, Bengaluru City for the offences punishable under Sections 120B, 403, 409, 420, 465, 471 & 468 of IPC subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - NC: 2025:KHC:14488 CRL.P No. 4437 of 2025 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future Sd/- (S VISHWAJITH SHETTY) JUDGE NMS