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2025 DAILYLAW 24478 (KAR)

PRAMOD K v. THE STATE OF KARNATAKA

CRL.P/5817/2025 · 2025-04-28

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:17741 CRL.P No. 5817 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. 5817 OF 2025 BETWEEN: PRAMOD K S/O RAGHAVENDRA KUMAR AGED 19 YEARS R/AT NO.94 NEAR VEERA ANJANEYA SWAMY TEMPLE RAJAGOPALANAGARA MAIN ROAD, BENGALURU - 560 058. …PETITIONER (BY SRI ABUBAKER SHAFI, ADV.) AND: THE STATE OF KARNATAKA BY RAJAGOPALANAGARA POLICE STATION, BENGALURU - 560 058 REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.81/2025 OF RAJAGOPALANAGAR POLICE (RESPONDENT HEREIN) DATED 07.03.2025 FOR THE OFENCE P/U/S. 109, 115(2), 126(2), 351(2), 351(3), 352 R/W 3(5), BNS 2023, PENDING ON THE FILE OF XXXI ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY. 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:17741 CRL.P No. 5817 of 2025 ORAL ORDER 1. Accused No.1 in Crime No.81/2025 registered by Rajagopal Nagar Police Station, Bengaluru, for the offences punishable under Sections 109, 115(2), 126(2), 3(5), 351(2), 351(3) and 352 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.81/2025 was registered by Rajagopal Nagar Police Station, Bengaluru, for the aforesaid offences against the petitioner and his father Kumar based on the first information dated 07.03.2025 received from Steven S/o late Jhon Bosco, who is one of the injured victims in the present case. During the course of investigation, petitioner herein was arrested on 07.03.2025. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2291/2025 was rejected on 04.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is a case and counter case in respect of the alleged incident. Petitioner is a student studying B.com and he also drives auto rickshaw of his father in the evening. The incident in question is - 3 - NC: 2025:KHC:17741 CRL.P No. 5817 of 2025 the outcome of road rage between two parties. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that victim has suffered one grievous injury in the incident in question. Accordingly, she prays to dismiss the petition. 6. A perusal of the material on record would go to show that in respect of the alleged incident that had taken place at about 07.30 p.m. on 06.03.2025, there is a case and counter case registered by Rajagopalnagar Police Station, Bengaluru, in Crime No.81/2025 and Crime No.82/2025. The victims in Crime No.81/2025 are arraigned as accused Nos.1 and 2 in Crime No.82/2025. A perusal of the averments found in the first information which has resulted in registering the aforesaid two cases would go to show that incident in question was outcome of the road rage between two parties. Undisputedly, petitioner has no other criminal antecedents. He is in custody from 07.03.2025. The material on record would go to show that he is a student studying B.com in Bengaluru. The injured victims in the present case have already been discharged from the - 4 - NC: 2025:KHC:17741 CRL.P No. 5817 of 2025 Hospital and their condition is stable. 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.81/2025 registered by Rajagopal Nagar Police Station, Bengaluru, for the offences punishable under Sections 109, 115(2), 126(2), 3(5), 351(2), 351(3) and 352 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 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; - 5 - NC: 2025:KHC:17741 CRL.P No. 5817 of 2025 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