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2025 DAILYLAW 23532 (KAR)

KOWSHIK @ KADU @ PRAJWAL v. THE STATE OF KARNATAKA

CRL.P/5427/2025 · 2025-06-04

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18822 CRL.P No. 5427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5427 OF 2025 BETWEEN: 1. KOWSHIK @ KADU @ PRAJWAL, S/O SRINIVAS, AGED ABOUT 24 YEARS, R/AT OPPOSITE MANDYA WINES, KRISHNAPPA LAYOUT, R.R. NAGARA, BENGALURU - 98. 2. MANOJ D.R @ MANU, S/O RAMAKRISHNA, AGED ABOUT 24 YEARS R/AT OPPOSITE MANDYA WINES, KRISHNAPPA LAYOUT, R.R. NAGARA, BENGALURU - 98. …PETITIONERS (BY SRI.KARTHIK.G.BILLAVA., ADVOCATE FOR SRI.MOHANKUMARA D., ADVOCATE) AND: THE STATE OF KARNATAKA, BY RAJARAJESHWARINAGAR PS, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER NO.1 AND 2 / Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18822 CRL.P No. 5427 of 2025 ACCUSED NO.5 AND 6 ON REGULAR BAIL, IN CRIME NO.0027/2024, REGISTERED BY THE RESPONDENT RAJARAJESHWARI NAGAR POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 307, 427, 506, 149 OF THE INDIAN PENAL CODE, PENDING ON THE FILE OF THE LEARNED LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN S.C. NO.332/2025 [C.C NO. 17321/2024]. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.5 and 6 in S.C.No.332/2025 pending before the Court of LXIX Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.27/2024 registered by Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable under Sections 143, 144, 147, 148, 307, 427, 506 and 149 of IPC are 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.27/2024 was registered by Rajarajeshwari Nagar Police Station, Bengaluru City, - 3 - HC-KAR NC: 2025:KHC:18822 CRL.P No. 5427 of 2025 initially for offences punishable under Sections 143, 144, 147, 148, 307, 427, 506 and 149 of IPC against Sridhar and others, based on the first information dated 22.01.2024 received from Sharath Kumar who is the one of the injured victim in the present case. 4. During the course of investigation of the case, petitioners herein were arrested on 29.02.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against ten persons and petitioners are arraigned as accused Nos.5 and 6 in the charge sheet. Bail application filed by the petitioners before the trial Court in S.C.No.332/2025 was rejected on 01.04.2025. Therefore, they are before this Court. 5. Learned Counsel for the petitioners submits that petitioners name is not found in the FIR and all the other accused persons except the petitioners herein have been granted regular bail by the Jurisdictional Sessions Court in - 4 - HC-KAR NC: 2025:KHC:18822 CRL.P No. 5427 of 2025 the present case. Victims have suffered only minor injuries in the incident in question. Bail application of the petitioners was rejected by the Sessions Court only for the reason that they are involved in another criminal case in Crime No.34/2024 registered for offence punishable under Section 302, 201, 120-B read with Section 34 of IPC. In the said case petitioners have been granted bail by the Co- ordinate Bench of this Court in Crl.P.No.6265/2025. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 7. Perusal of the material on record would go to show that petitioners name is not found in the FIR which is registered based on the first information received from the injured victim in the present case. After completing the investigation charge sheet has been filed against ten persons. Except the petitioners herein all other accused - 5 - HC-KAR NC: 2025:KHC:18822 CRL.P No. 5427 of 2025 persons have been granted regular bail in the present case by the Jurisdictional Sessions court. Petitioners were denied regular bail by the Sessions Court for the reason that they are involved in another criminal case which was registered against them, subsequently in Crime No.34/2024 by Kadur Police Station, Chikkamagaluru for offences punishable under Section 302, 201, 120-B read with Section 34 of IPC. In the said case petitioners are granted bail by the Co-ordinate bench of this Court in Crl.P.No.6265/2025 disposed of on 26.04.2025. 8. In the present case, petitioners are in custody from 29.02.2024. Under the circumstances, I am of the opinion that petitioners prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:18822 CRL.P No. 5427 of 2025 The petitioners are directed to be enlarged on bail in S.C.No.332/2025 pending before the Court of LXIX Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.27/2024 registered by Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable under Sections 143, 144, 147, 148, 307, 427, 506 and 149 of IPC, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 7 - HC-KAR NC: 2025:KHC:18822 CRL.P No. 5427 of 2025 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 54