Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:17542 CRL.P No. 5317 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5317 OF 2025 BETWEEN:
GANGADEEP S.D S/O SHANKAR AGED ABOUT 22 YEARS R/AT BEHIND PARK SHANKAR NAGARA, TIPTUR TOWN TUMKUR DISTRICT - 572 201. …PETITIONER (BY MS. MEENA V, ADV., FOR SMT. VINITHA P.C, ADV.) AND:
THE STATE OF KARNATAKA BY TIPTUR TOWN POLICE STATION TIPTUR, TUMKUR DISTRICT - 572 201 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE ABOVE CIRCUMSTANCES. THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKUR, SITTING AT TIPTUR HAS DISMISSED THE BAIL PETITION ON 28.01.2025 IN SC.NO.10016/2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:17542 CRL.P No. 5317 of 2025
ORAL ORDER
Accused in S.C.No.10016/2024 pending before the Court of V Addl. District & Sessions Judge, Tumakuru (sitting at Tiptur), arising out of Crime No.206/2023 registered by Tiptur Town Police Station, Tumakuru District for the offences punishable under Sections 302, 120B & 201 R/w 34 of IPC is before this Court seeking regular bail.
2. Heard the learned appearing for the parties.
3. FIR in Crime No.206/2023 was registered by Tiptur Town Police Station, Tumakuru District initially for the offence punishable under Section 302 of IPC against unknown person, on the basis of first information dated 28.10.2023 received from Sri Ravishankar S/o Nanjundappa, who had found dead body of a stranger. During the course of investigation, the petitioner was arrested on 30.10.2023. After completing investigation, charge sheet has been filed against five persons and out of them accused Nos.4 and 5 are juvenile accused.
- 3 -
NC: 2025:KHC:17542 CRL.P No. 5317 of 2025
4. The bail application filed by the petitioner before the Sessions Court in S.C.No.10016/2024 was dismissed on 28.01.2025. Therefore, he is before this Court.
5. Perusal of the material on record would go to show that, FIR in the present case has been registered against unknown persons. During the course of investigation, totally five persons have been arrested and after completing investigation, charge sheet has been filed against five accused persons and out of them accused Nos.4 and 5 are said to be juvenile accused.
6. Accused No.2 has been granted regular bail by this Court in Crl.P.No.7760/2024 vide order dated
28.08.2024. Accused No.3 has been granted regular by the Trial Court in S.C.No.10016/2024 vide order dated
19.12.2024. Entire case of the prosecution is based on circumstantial evidence. The petitioner, who is in custody from 30.10.2023 has no other criminal antecedents.
- 4 -
NC: 2025:KHC:17542 CRL.P No. 5317 of 2025
7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.
8. Accordingly, the following:
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.10016/2024 pending before the Court of V Addl. District & Sessions Judge, Tumakuru (sitting at Tiptur), arising out of Crime No.206/2023 registered by Tiptur Town Police Station, Tumakuru District for the offences punishable under Sections 302, 120B & 201 R/w 34 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
- 5 -
NC: 2025:KHC:17542 CRL.P No. 5317 of 2025
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 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
NMS