PRADUTH MAJUMDAR v. STATE BY HALASURU GATE POLICE STATION
CRL.P/5101/2025 · 2025-04-15
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22959 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22959 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15572 CRL.P No. 5101 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5101 OF 2025 BETWEEN:
PRADUTH MAJUMDAR S/O PRADEEP AGED ABOUT 35 YEARS R/AT SHYAMBATI VILLAGE CHEK BAMANGRIYA POST PURBASTHALI STATION BURDHAWAN EAST DISTRICT - 713 513 STATE OF WEST BENGAL. …PETITIONER (BY SRI PRAVEENA KUMAR, ADV.) AND:
STATE BY HALASURU GATE POLICE STATION REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER BY GRANTING BAIL IN CR.NO.14/2019 OF HALSUR GATE P.S. S.C.NO.857/2019 FOR THE OFFENCES P/U/S. 506, 34, 384 AND 376 OF IPC PENDING BEFORE THE HONBLE LIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15572 CRL.P No. 5101 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in S.C.No.857/2019 pending before the Court of LIII Addl. City Civil & Sessions Judge & Special Judge, Bengaluru, arising out of Crime No.14/2019 registered by Halasurgate Police Station, Bengaluru City, for the offences punishable under Sections 506, 384, 376, 34 IPC, is before this Court under Section 439 Cr.PC seeking regular bail.
2. Heard the learned Counsel for the parties.
3.
Learned Counsel for the petitioner submits that on the merits of the case, petitioner was earlier granted regular bail by this Court. For the reason that he had not appeared before the Trial Court on the dates of hearing, coercive steps were taken against him, and on 26.03.2025 he had voluntarily surrendered before the Trial Court and on the said date, he was remanded to judicial custody. He submits that petitioner is ready and willing to cooperate before the Trial Court. Only for health reasons he had not appeared before the Trial Court. Accordingly, he prays to allow the petition. - 3 -
NC: 2025:KHC:15572 CRL.P No. 5101 of 2025
4. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner. 5. Perusal of the material on record would go to show that on the merits of the case, petitioner was granted regular bail by this Court in Crl.P.No.3071/2019 which was disposed of on
04.07.2019. Thereafter, the petitioner had furnished surety before the Trial Court and he was released from custody. It appears that petitioner had not appeared before the Trial Court on the regular dates of hearing, and therefore, coercive steps were taken against him. 6. According to the learned Counsel for the petitioner, due to certain health reasons of the petitioner, he could not appear before the Trial Court. The material on record would go to show that petitioner had voluntarily surrendered before the Trial Court on 26.03.2025 and on the said date he was remanded to judicial custody. 7. Be that as it may, the fact remains that on the merits of the case, petitioner has been granted regular bail in the present case and he has undertaken to cooperate before the Trial Court
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NC: 2025:KHC:15572 CRL.P No. 5101 of 2025
for speedy disposal of the case. For the mistake committed by the petitioner in not appearing before the Trial Court, petitioner has been sufficiently punished. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail requires to be considered affirmatively. Accordingly, the following order:
8. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.857/2019 pending before the Court of LIII Addl.
City Civil & Sessions Judge & Special Judge, Bengaluru, arising out of Crime No.14/2019 registered by Halasurgate Police Station, Bengaluru City, for the offences punishable under Sections 506, 384, 376, 34 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;
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NC: 2025:KHC:15572 CRL.P No. 5101 of 2025
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;
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
KK