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2025 DAILYLAW 22516 (KAR)

HEMANTHKUMAR A R v. THE STATE OF KARNATAKA

CRL.P/4827/2025 · 2025-04-26

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:17311 CRL.P No. 4827 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4827 OF 2025 BETWEEN: 1. HEMANTHKUMAR A.R S/O A.M. RAVISHANKAR AGED ABOUT 24 YEARS R/O NO.4877, 6TH CROSS THAVAREGERE, GUTHALU MANDYA CITY - 571 401. 2. PUNITH K.N S/O NAGANNA AGED ABOUT 32 YEARS R/O 3RD CROSS MARIGOWDA BADAVANE MANDYA CITY - 571 401. …PETITIONERS (BY SRI K.L. SREENIVAS, ADV.) AND: THE STATE OF KARNATAKA R/BY THE SUB-INSPECTOR OF POLICE MANDYA WEST POLICE MANDYA CITY - 571 401 BY STATE PUBLIC PROSECUTOR SPP OFFICE, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION DIRECTING TO RELEASE THEM ON BAIL IN CRIME NO.33/2025 OF MANDYA WEST POLICE STATION, MANDYA, FOR THE OFFENCES SECTIONS 310(4), 310(5), 312 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17311 CRL.P No. 4827 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 Accused Nos.4 and 7 in Crime No.33/2025 registered by Mandya West Police Station, Mandya, for offences punishable under Sections 310(4), 310(5), 312 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.33/2025 was registered by Mandya West Police Station, Mandya against one Ajay and others, on the basis of the first information dated 25.02.2025 received from Naveen Supekar.V - Police Officer attached to Mandya West Police Station. 4. During the course of investigation of the case, petitioners herein who are arrayed as accused Nos. 4 and 7 in the FIR were arrested on 26.02.2025 and subsequently, remanded to judicial custody. Bail application filed by the - 3 - NC: 2025:KHC:17311 CRL.P No. 4827 of 2025 petitioners in Crl.Misc.No.158/2025 before the Jurisdictional Sessions Court was rejected on 22.03.2025. Therefore, they are before this Court. 5. Learned counsel for the petitioners submits that for extraneous reasons police have arrested the petitioners in the present case. Major portion of investigation is completed. The alleged offences are not punishable with death or life imprisonment. Accused nos. 5 and 6 have been granted regular bail by this Court in Crl.P. No. 4937/2025 disposed of on 25.04.2025. Accordingly, he prays to allow the petition. 6. Per contra, learned Additional SPP who has opposed the petition, however does not dispute the submission made by the learned Counsel for the petitioner. 7. In the first information which is filed by the first informant who is the Inspector of Police attached to Mandya West Police Station it is stated that, on 25.02.2025 at about 6.40 pm he received credible information that about 10-13 persons armed with deadly weapons were making preparations for committing dacoity and therefore, the first informant along with his staff and independent panchas conducted a raid on the alleged spot and managed to apprehend seven persons at the - 4 - NC: 2025:KHC:17311 CRL.P No. 4827 of 2025 spot and thereafter, FIR was registered against them. Petitioners who were apprehended at the spot are arrayed as accused Nos. 4 and 7 in the present case. They were arrested and remanded to judicial custody on 26.02.2025. Major portion of the investigation is already completed. Undisputedly, accused nos. 5 and 6 as against whom similar allegations are found have been granted regular bail by this Court in Crl.P. No. 4937/2025 disposed of on 25.04.2025. The alleged offences are not punishable by death or with life imprisonment. Apprehension expressed by learned Additional SPP can be taken care of by imposing appropriate conditions against the petitioners who are aged about 24 and 32 years respectively. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.33/2025 registered by Mandya West Police Station, - 5 - NC: 2025:KHC:17311 CRL.P No. 4827 of 2025 Mandya, for offences punishable under Sections 310(4), 310(5), 312 of BNS, 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; 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. - 6 - NC: 2025:KHC:17311 CRL.P No. 4827 of 2025 f) The petitioners shall appear before Station House Officer of Mandya West Police Station, Mandya on every alternative Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark their attendance until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK