- 1 - HC-KAR NC: 2025:KHC:22193 CRL.P No. 4913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4913 OF 2025 BETWEEN: NAGESH B.G S/O LATE GANGADHAR AGED ABOUT 43 YEARS, R/AT ARJI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND: THE STATE OF KARNATAKA BY GONIKOPPA POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.169/2023 (CC NO.411/2024) OF GONIKOPPA POLICE STATION, KODAGU DISTRICT, FOR THE O/P/U/S 120B, 363, 395, 397, 114, 75 OF IPC, PENDING ON THE FILE OF CIVIL JUDGE (J.D) AND JMFC, PONNAMPET, KODAGU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22193 CRL.P No. 4913 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.13 in Crime No.169/2023 registered by Gonikoppa Police Station, Kodagu District for the offence punishable under Sections 120(b), 363, 395, 397, 114 and 75 of Indian Penal Code (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.169/2023 was registered by Gonikoppa Police Station, Kodagu District initially for offence punishable under Sections 395, 397 and 363 of IPC against the 10 to 15 unknown persons based on the first information dated 09.12.2023 received from Shamjadh K., who is alleged victim in the present case. 4. During the course of investigation of the case, petitioner herein was arrested on 18.12.2023 and subsequently remanded to judicial custody. After - 3 - HC-KAR NC: 2025:KHC:22193 CRL.P No. 4913 of 2025 completing investigation, charge sheet has been filed against 22 persons and petitioner is arrayed as accused No.13 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.5050/2024 which was dismissed on 21.06.2024. Subsequently, he had filed Crl.Misc.No.5230/2024 before the jurisdictional Sessions Court which was rejected on 30.12.2024. Therefore, he is before this Court in the successive bail application. 5. Learned counsel for the petitioner submits that after the petitioner's earlier bail application was rejected, other accused persons with similar allegations have been enlarged on bail by this Court as well as by the jurisdictional Sessions Court. In all the earlier criminal cases registered against the petitioner, he has been acquitted. Except the present case, he has no other case pending against him. Charges in the case are yet to be framed. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:22193 CRL.P No. 4913 of 2025 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. However, she submits that petitioner has been identified and there is recovery of Rs.1,50,000/- from him. Accordingly, she prays to dismiss the petition. 7. First information in the present case was registered against unknown 10 to 15 persons and during the course of investigation, police had arrested the petitioner herein on 18.12.2023. After completing the investigation, charge sheet has been filed against 22 persons. Petitioner who is arrayed as accused No.13 in the charge sheet had earlier approached this Court in Crl.P.No.5050/2024 which was dismissed on 21.06.2024, for the reason that petitioner is a person with criminal antecedents. 8. Subsequent to dismissal of Crl.P.No.5050/2024, Co-Ordinate bench of this Court has granted regular bail to - 5 - HC-KAR NC: 2025:KHC:22193 CRL.P No. 4913 of 2025 accused Nos.9, 14 and 20 in Crl.P. No.8288/2024, Crl.P. No.12301/2024 and Crl.P. No.4230/2024. Accused No.16, 21 and 22 have been enlarged on bail by the jurisdictional Sessions Court after dismissal of Crl.P.No.5050/2024. The submissions made by learned counsel for the petitioner that in all the other criminal cases earlier registered against him, he has been acquitted, is not seriously disputed by learned HCGP. 9. The case before the Trial Court is still at the stage of framing charges. Prosecution in all has cited 154 charge sheet witnesses in the present case. Co-ordinate Bench of this Court in Crl.P.No.12301/2024 disposed of on 10.12.2024 while granting regular bail to accused No.20 has observed that examination of all the 154 charge sheet witnesses will take sufficient time. 10. Under the circumstances, I am of the opinion that prayer made by the petitioner to grant of regular bail is to be answered affirmatively. - 6 - HC-KAR NC: 2025:KHC:22193 CRL.P No. 4913 of 2025 11. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.169/2023 of Gonikoppa Police Station, Kodagu District registered for the offences punishable under Sections 120(b), 363, 395, 397, 114 and 75 of IPC, subject to the following conditions: a) Petitioner shall execute 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; - 7 - HC-KAR NC: 2025:KHC:22193 CRL.P No. 4913 of 2025 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 CR List No.: 1 Sl No.: 31