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2025 DAILYLAW 23699 (KAR)

MAHESH R v. STATE OF KARNATAKA BY

CRL.P/5353/2025 · 2025-04-28

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:17545 CRL.P No. 5353 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. 5353 OF 2025 BETWEEN: MAHESH R S/O LATE RANGASWAMY AGED ABOUT 25 YEARS R/AT #463, 4TH CROSS VIVEKANANDA BLOCK PIPELINE MALLESHWARAM BENGALURU - 560 003. …PETITIONER (BY MS. SWATHI R BHAT, ADV., FOR SMT. JAYANTHI R, ADV.) AND: STATE OF KARNATAKA BY UPPARPETE P.S REPBY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO THE ABOVE NAMED PETITIONER WHO IS ARRAYED AS ACCUSED NO.11 MAY KINDLY BE RELEASED ON BAIL IN CR.NO.276/2024 (S.C.NO.317/2025) PENDING BEFORE HONBLE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-67) AT BANGALORE PERTAINING TO THE UPPARPETE POLICE STATION, FOR THE OFFENCE P/U/S 238, 103(1), 189(2), 190 OF BNS, ACT. 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:17545 CRL.P No. 5353 of 2025 ORAL ORDER Accused in S.C.No.317/2025 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.276/2024 registered by Upparpet Police Station, Bengaluru City for the offences punishable under Sections 103(1), 189(2), 190 & 238 of BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned appearing for the parties. 3. FIR in Crime No.276/2024 was registered by Upparpet Police Station, Bengaluru City for the aforesaid offences against Mohan and others, on the basis of first information dated 19.11.2024 received from Sri Vinod Raj E S/o Eraiah. During the course of investigation, the petitioner was arrested on 06.12.2024. After completing investigation, charge sheet has been filed against fourteen persons and the petitioner herein is arraigned as accused No.11 in the charge sheet. 4. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.2803/2025 was - 3 - NC: 2025:KHC:17545 CRL.P No. 5353 of 2025 dismissed on 05.04.2025. Therefore, he is before this Court. 5. Perusal of the charge sheet material would go to show that, allegation of stabbing deceased Nagesh is found against accused No.1, who has been granted regular bail by this Court in Crl.P.No.3227/2025. As against the petitioner, who is arraigned as accused No.11 in the charge sheet there is no allegation of assaulting deceased with any weapon. 6. Undisputedly, the petitioner has no other criminal antecedents. Death is as a result of stab injury on the thigh of the deceased and the said injury is attributed in the charge sheet against accused No.1, who has been granted regular bail by this Court in Crl.P.No.3227/2025. The other accused persons with similar allegations have been granted regular bail by this Court. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner - 4 - NC: 2025:KHC:17545 CRL.P No. 5353 of 2025 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.317/2025 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.276/2024 registered by Upparpet Police Station, Bengaluru City for the offences punishable under Sections 103(1), 189(2), 190 & 238 of BNS, 2023, 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 5 - NC: 2025:KHC:17545 CRL.P No. 5353 of 2025 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