Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17318 CRL.P No. 5654 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5654 OF 2025
BETWEEN:
GOVINDASA KABADI R., S/O. RAMANATHSA K. A., AGED ABOUT 27 YEARS, RESIDING AT NO. 16, K.V. LANE, COTTON PET CROSS, CHICKPET, BENGALURU - 560 053. …PETITIONER (BY SRI. CHANDRASHEKAR REDDY K. P., ADVOCATE) AND:
STATE BY UPPERPET POLICE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU CITY …RESPONDENT (BY SMT. WAHEEDA, M.M., ADVOCATE)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS REGULAR BAIL APPLICATION UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA ACT, 2023, IN CRIME NO. 276/2024 OF UPPARPET POLICE STATION, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103 (1), 189 (2), 190 AND 238 OF THE BHARATIYA NYAYA SANHITA 2023, NOW PENDING ON THE FILE OF THE HONBLE COURT. I.E. LXVI CITY CIVIL AND SESSION JUDGE, BENGALURU (CCH-67) IN S.C. NO. 317/2025 AND ENLARGE THE PETITIONER / ACCUSED NO.10, ON REGULAR BAIL.
Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17318 CRL.P No. 5654 of 2025
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 No.10 in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru, for the offences punishable under Sections 103(1), 189(2), 190, 238 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.
2. Heard the learned counsels for the parties.
3. FIR in Cr.No.276/2024 was registered by Upparpet police station, Bangalore for the aforesaid offences against Mohan and others, based on the first information dated 19.11.2024 received from Vinod Raj E. During the course of investigation, petitioner herein was arrested on 26.11.2024. After completing investigation, charge sheet has been filed against 14 persons and the petitioner is arrayed as accused No.10 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.2777/2025 was dismissed on 05.04.2025. Therefore, he is before this Court.
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NC: 2025:KHC:17318 CRL.P No. 5654 of 2025
4.
Learned counsel for the petitioner submits that accused No.1 as against whom there is an allegation of assaulting the deceased on his thigh with a knife has been granted regular bail by this Court in Crl.P.No.3227/2025. There is no allegation against the present petitioner about assaulting the deceased with any weapon. Similarly situated other accused persons have been enlarged on bail. Petitioner has no criminal antecedent.
5. Per contra, learned ASPP who has opposed the application has not disputed the submission made by learned counsel for the petitioner.
6. In the charge sheet, which is filed in the present case, allegation of stabbing the deceased on his thigh with a knife is as against accused No.1, who has been granted regular bail by this Court in Crl.P.No.3227/2025 disposed of on
21.03.2025. There is no allegation as against the petitioner about he assaulting the deceased with any weapon. Similarly, placed other accused persons have been granted regular bail by this Court in Crl.P.No.3873/2025, Crl.P.No.4009/2025 and Crl.P.No.4676/2025. Undisputedly,
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NC: 2025:KHC:17318 CRL.P No. 5654 of 2025
petitioner has no other criminal antecedent. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.276/2024 registered by Upparpet Police Station, Bengaluru, for the offences punishable under Sections 103(1), 189(2), 190, 238 of the BNS, 2023, subject to the following conditions:
a) The petitioner shall execute 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 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;
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NC: 2025:KHC:17318 CRL.P No. 5654 of 2025
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
BH List No.: 2 Sl No.: 8