Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16507 CRL.P No. 4931 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4931 OF 2025 BETWEEN:
ABHISHEK N @ ABHI, S/O LATE NARAYAN, AGED ABOUT 28 YEARS, R/AT NO.504/2, 1ST CROSS, COTTON PET MAIN, BHAKSHI GARDEN, BANGALORE SOUTH, CHICKPET, BENGALURU - 560 053 …PETITIONER (BY MS. SWATHI .R. BHAT, FOR SRI. JAYANTHI .R., ADVOCATES) AND:
STATE OF KARNATAKA BY SANJAYNAGAR P.S., REP.
BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASED ON BAIL IN CR.NO.94/2021 (S.C.NO.269/2025), PENDING BEFORE THE HONBLE COURT CCH-67, PERTAINING TO THE SANJAYANAGAR POLICE FOR THE OFFENCE P/U/S 341, 323, 324, 504, 307 R/W 149 OF IPC.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by SWAPNA V Location: High Court of Karnataka
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NC: 2025:KHC:16507 CRL.P No. 4931 of 2025
ORAL ORDER
Accused No.3 in S.C.No.269/2025 pending before the Court of LXVI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.94/2021 registered by Sanjay Nagar Police Station, for offences punishable under Sections 341, 323, 324, 504, 307 read with Section 149 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.94/2021 was registered by Sanjay Nagar Police Station, against 7 to 8 unknown persons on the basis of the first information dated 15.04.2021 received from Mr. Narendra.G.N son of Late Narasimhaiah.
4.
Learned counsel for the petitioner submits that petitioner was granted regular bail in Crl.Misc.No.4122/2021 earlier and only for the reason that he had not appeared on the regular dates of hearing, his presence was secured and he was remanded to judicial custody on 14.02.2025. Similarly, placed accused No.5 has been granted regular bail by this Court in
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NC: 2025:KHC:16507 CRL.P No. 4931 of 2025
Crl.P.No.4712/2025. Accordingly, she prays to allow the petition.
5. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner.
6. Material on record would go to show that, on the merits of the case, petitioner was earlier granted regular bail in the present case, in Crl.Misc.No.4122/2021 by jurisdictional Sessions Court which was disposed of on 24.05.2021. It appears that, subsequently, petitioner had not appeared before the Court on the regular dates of hearing and therefore, coercive steps were taken and his presence was secured on 14.02.2025 and on the said day, he was remanded to judicial custody. A split-up case was registered against accused Nos. 3 and 5 and even accused No.5 who was granted bail in the present case had subsequently not appeared before the Trial Court and even his presence was secured in the split-up case on 14.02.2025 along with accused No.3. Accused No.5 has been granted regular bail by this Court in Crl.P.No.4712/2025. Considering the aforesaid aspects of the matter, I am of the
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NC: 2025:KHC:16507 CRL.P No. 4931 of 2025
opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively, on the ground of parity. Accordingly, the following:-
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.94/2021 registered by Sanjay Nagar Police Station, for offences punishable under Sections 341, 323, 324, 504, 307 read with Section 149 of IPC, subject to the following conditions: a) The 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;
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NC: 2025:KHC:16507 CRL.P No. 4931 of 2025
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
SPV List No.: 1 Sl No.: 74