- 1 - NC: 2025:KHC:17904 CRL.P No. 5753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5753 OF 2025 BETWEEN: NIRMAL @ ROOPESH W/O LATE JAIKUDI AGED ABOUT 44 YEARS R/AT70, ALPHA COLLEGE ROAD DODDA GUBBI VILLAGE BENGALURU - 560 077. …PETITIONER (BY MISS SWATHI R BHAT, ADV., FOR SMT. JAYANTHI R, ADV.) AND: STATE OF KARNATAKA BY PULAKESHINAGAR P.S REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASED ON BAIL IN CRIME NO.61/2025 PENDING BEFORE 10TH ADDL.CHIEF JUDICIAL MAGISTRATE, MAYOHALL BANGALORE PERTAINING TO THE PULAKESHINAGAR POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(4), 308(2), 351(2), 351(3), 140(2), 115(2), 352 R/W 3(5) BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17904 CRL.P No. 5753 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.61/2025 registered by Pulakeshinagar Police Station, Benglauru City, for the offences punishable under Sections 318(4), 308(2), 351(2), 351(3), 140(2), 115(2), 352 read with Section 3(5) of BNS, 2023, is before this Court under Section 483 of BNS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in the present case was registered against one Vinodh Rojar and the petitioner herein based on the first information dated 03.03.2025 received from Kiran Joseph Jayaraj. During the course of investigation, petitioner herein was arrested on 14.03.2025. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.25252/2025 was rejected on 08.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is an inordinate delay in submitting the FIR and proceedings as against accused No.1 has been stayed by the Co-ordinate - 3 - NC: 2025:KHC:17904 CRL.P No. 5753 of 2025 Bench of this Court in Crl.P.No.5108/2025. Accordingly, she prays to allow the petition. 5. Per contra, learned Addl. SPP submits that there is serious allegation against accused No.1 and petitioner is a person with criminal antecedents. Accordingly, she prays to dismiss the petition. 6. In the typed first information dated 03.03.2025 submitted by first informant Kiran Joseph Jayaraj, it is alleged that he had a domestic problem with his wife and therefore, accused named in the FIR had approached him and assured they will solve his domestic problems. It is alleged that accused No.1 allegedly asked the first informant in the month of December, 2022 to pay him money and when he informed that he had no money, accused No.1 allegedly took the Benz Car bearing KA04MP5539 belonging to the first informant and for the purpose of returning the car, he allegedly demanded money. It is averred in the first information that subsequently on various dates, first informant had paid a sum of Rs.40 lakhs to the accused No.1. A perusal of the first information would go to show that entire allegations are made against accused No.1. Further - 4 - NC: 2025:KHC:17904 CRL.P No. 5753 of 2025 proceedings in the present case as against accused No.1 has been stayed by the Co-ordinate Bench of this Court in Crl.P.No.5108/2025. Petitioner is in custody in the present case from 14.03.2025. It is stated by learned counsel for the petitioner that in all the earlier cases registered against him, petitioner is already enlarged on bail. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.61/2025 registered by Pulakeshinagar Police Station, Benglauru City, for the offences punishable under Sections 318(4), 308(2), 351(2), 351(3), 140(2), 115(2), 352 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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 - 5 - NC: 2025:KHC:17904 CRL.P No. 5753 of 2025 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 DN