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2025 DAILYLAW 22442 (KAR)

SRI PRAVEEN R v. STATE OF KARNATAKA

CRL.P/4676/2025 · 2025-04-08

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15065 CRL.P No. 4676 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. 4676 OF 2025 BETWEEN: 1. SRI PRAVEEN R S/O RAVI AGED ABOUT 27 YEARS R/AT NO. 8/1, 4TH CROSS NEAR SUN GLOWRY SCHOOL MAGADI ROAD BENGALURU - 560 023. 2. SRI SANDEEP S/O LATE PRABHU AGED ABOUT 31 YEARS R/AT NO. 9, 6TH CROSS MAGADI ROAD BENGALURU - 560 023. 3. SRI NAVEEN KUMAR G S/O LATE GANESH AGED ABOUT 35 YEARS R/AT NO. 45, 6TH CROSS NEAR BHUVANESHWARI CLINIC K.P. AGRAHARA, MAGADI ROAD BENGALURU - 560 023. 4. SRI KARTHIK R S/O RAMANJI AGED ABOUT 25 YEARS NO.20, C STREET GOPALAPURA MAGADI ROAD BENGALURU - 560 023. …PETITIONERS (BY SRI SHERVIL ADAPPA, ADV.) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15065 CRL.P No. 4676 of 2025 AND: STATE OF KARNATAKA BY UPPARPET POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONERS ON REGULAR BAIL IN MATTER BEARING CR.NO.276/2024 IN C.C.NO.5184/2025 PENDING ON THE FILE OF THE HONBLE V ADDL. CJM, AT BENGALURU FOR ALLEGED OFFENCE P/U/S 103(1), 189(2), 190, 238 OF BNS ACT, 2023. THIS PETITION, 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.4, 7, 9 & 12 in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 189(2), 190, 238 of BNS, 2023, are 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 City, for the aforesaid offences - 3 - NC: 2025:KHC:15065 CRL.P No. 4676 of 2025 initially against Mohan and others based on the first information dated 19.11.2024 received from Vinod Raj S/o Eraiah. During the course of investigation of the case, petitioners herein were arrested on 24.11.2024, 28.11.2024 & 06.12.2024, respectively. Investigation of the case is completed and charge sheet has been filed against 14 persons. Petitioners herein are arrayed as accused nos.4, 7, 9 & 14 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.2263/2025 was rejected on 24.03.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that the allegation of stabbing deceased Nagesh is as against accused no.1 - Mohan and he has been already enlarged on bail by this Court in Crl.P.No.3227/2025 disposed of on 21.03.2025. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submissions made by the learned Counsel for the petitioners. - 4 - NC: 2025:KHC:15065 CRL.P No. 4676 of 2025 6. Perusal of the material on record would go to show that first information was registered in the present case initially against accused no.1 - Mohan and other unnamed accused persons. The name of the petitioners is not found in the FIR. During the course of investigation of the case, petitioners herein were arrested on 24.11.2024, 28.11.2024 & 06.12.2024, respectively. In the first information, it is stated that deceased Nagesh was assaulted on the alleged date of incident for the reason that he had committed theft of mobile phone and it is also stated that one amongst the accused persons who had assaulted Nagesh had stabbed him on his thigh. 7. In the charge sheet, allegation of stabbing deceased Nagesh on his thigh is found against accused no.1 who has been granted regular bail by this Court in Crl.P.No.3227/2025 disposed of on 21.03.2025 considering the fact that the statement of eye-witenesses CW-2 to CW-4 was belatedly recorded in the present case on 17.12.2024 which is after a period of one month from the date of alleged incident. - 5 - NC: 2025:KHC:15065 CRL.P No. 4676 of 2025 8. Petitioners are arrayed as accused nos.4, 7, 9 & 14 in the charge sheet. They do not have any other criminal antecedents. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that petitioners prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 189(2), 190, 238 of BNS, 2023, subject to the following conditions: a) Petitioners shall execute 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; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:15065 CRL.P No. 4676 of 2025 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 KK