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2025 DAILYLAW 23005 (KAR)

BABU v. STATE BY

CRL.P/5157/2025 · 2025-04-22

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:16612 CRL.P No. 5157 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. 5157 OF 2025 BETWEEN: BABU S/O KUMAR AGED ABOUT 29 YEARS R/AT NO.194, COLOUR VILLAGE NIMBE MATTU, VANAMBADI TALUK VELOOR DISTRICT, TAMIL NADU. …PETITIONER (BY SRI NARAYANA SWAMY M, ADV.) AND: STATE BY BASAWESHWARANAGARA P.S BANGALORE, REPRESENTE BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER WHO IS ACCUSED NO.1 IN CRIME NO.382/2014 NOW IN S.C.NO.143/2015 FOR THE OFFENCE P/US/ 302,201 R/W SEC.34 OF IPC OF BASAVESHWARANAGARA P.S., PENDING BEFORE THE HONBLE LXV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-66) 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 - 2 - NC: 2025:KHC:16612 CRL.P No. 5157 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.143/2015 pending before the Court of LXV Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.382/2014 registered by Basaveshwara Nagar Police Station, Bengaluru City, for the offences punishable under Sections 302, 201 read with 34 IPC, is before this Court under Section 439 Cr.PC, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Perusal of the material on record would go to show that the petitioner who was arrested in the present case was granted regular bail by this Court in Crl.P.No.807/2015. After the petitioner was released on bail, the case was committed to the jurisdictional Sessions Court and numbered as S.C.No.143/2015. It appears that petitioner had appeared before the Sessions Court for a period of nearly five years and from 20.03.2020 he had not appeared before the Trial Court, and therefore, coercive steps were taken against him and his presence was secured before the Trial Court on 25.10.2024 and on the said date, he was remanded to judicial custody. - 3 - NC: 2025:KHC:16612 CRL.P No. 5157 of 2025 4. The material on record would go to show that the prosecution has examined material charge sheet witnesses as PW-1 to PW-8 as on this date. Undisputedly, petitioner has no criminal antecedents. On the merits of the case, he has been already granted regular bail by this Court in Crl.P.No.807/2015. For the reason that he had not appeared before the Trial Court on the regular dates of hearing, he was taken to custody on 25.10.2024 and ever since then, he is in judicial custody. For the mistake committed by the petitioner, he has been substantially punished. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular requires to be answered affirmatively. Accordingly, the following order: 5. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.143/2015 pending before the Court of LXV Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.382/2014 registered by Basaveshwara Nagar Police Station, Bengaluru City, for the offences punishable under Sections 302, 201 read with 34 IPC, subject to the following conditions: - 4 - NC: 2025:KHC:16612 CRL.P No. 5157 of 2025 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; 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