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2025 DAILYLAW 26073 (KAR)

SRI. CHANDRASHEKAR @ SHEKAR v. STATE BY

CRL.P/6903/2025 · 2025-06-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21348 CRL.P No. 6903 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6903 OF 2025 BETWEEN: SRI. CHANDRASHEKAR @ SHEKAR S/O. KRISHNAPPA, AGED ABOUT 50 YEARS, PRESENT ADDRESS, R/AT. UKKUNDA VILLAGE, BUDIKOTE HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT, PIN-563114. ADDRESS AS PER FIR, R/AT. NO./101, HILL VIEW, ENCLAVE HYDERABAD CITY, ANDHRA PRADESH. …PETITIONER (BY SRI. SHIVAMURTHI A R.,ADVOCATE) AND: STATE BY CHIKKAJALA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SMT. WAHEEDA M.M.,HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21348 CRL.P No. 6903 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CC NO.7456/2020 PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT DEVANAHALLI, REGISTERED BASED ON THE COMPLAINT LODGED BY G.SOMASHEKAR THROUGH RESPONDENT CHIKKAJALA POLICE STATION IN CRIME NO.01/2017 FOR AN ALLEGED O/P/U/S 419, 465. 467, 468, 471 AND 420 R/W 120B OF THE IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.5 in CC No.7456/2020 pending before the Court of Civil Judge and JMFC, Devanahalli, arising out of Crime No.1/2017 registered by Chikkajala Police Station, Bengaluru, for the offences punishable under Sections 419, 465, 467, 468, 471, 420 read with Section 120B of IPC, is before this Court under Section 438 of Cr.P.C. seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.1/2017 was registered by Chikkajala Police Station, Bengaluru, initially for the offences punishable under Sections 420, 465 and 34 of IPC, based on the first - 3 - HC-KAR NC: 2025:KHC:21348 CRL.P No. 6903 of 2025 information dated 04.01.2017 received from G Somashekar S/o R Govindappa. After completing investigation, charge sheet has been filed against seven persons and petitioner is arraigned as accused No.5 in the charge sheet. Apprehending arrest in the case, he had filed Crl.Misc.No.15064/2025 which was rejected by the jurisdictional Sessions Court on 19.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that during the course of investigation, petitioner had cooperated with the police for the purpose of investigation and even his statement was recorded by the Investigation Officer. Subsequently, charge sheet has been filed and petitioner is arraigned as accused No.5. Petitioner was not at all aware of the case registered against him and only after coercive steps were taken against him, he came to know that charge sheet is filed against him. He submits that accused No.6 as against whom similar allegations are found in the charge sheet has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.15029/2025 disposed of on 05.02.2025. Petitioner - 4 - HC-KAR NC: 2025:KHC:21348 CRL.P No. 6903 of 2025 has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner has been absconding for the last nearly eight years. Accordingly, she prays to dismiss the petition. 6. A perusal of the material on record would go to show that during the course of investigation, petitioner had cooperated with the police for the purpose of investigation and even his statement was recorded by the Investigation Officer on 25.09.2020. In the charge sheet which was filed subsequently, petitioner was arraigned as accused No.5. Allegation against accused Nos.5 to 7 is that they had conspired with other accused persons to commit the alleged crime. Accused No.6 as against whom similar allegations are found in the charge sheet had approached the jurisdictional Sessions Court in Crl.Misc.No.15029/2025 which was allowed on 05.02.2025 Undisputedly, petitioner has no other criminal antecedents. He has undertaken to appear before the Trial Court regularly on the hearing dates. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the - 5 - HC-KAR NC: 2025:KHC:21348 CRL.P No. 6903 of 2025 petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in CC No.7456/2020 pending before the Court of Civil Judge and JMFC, Devanahalli, arising out of Crime No.1/2017 registered by Chikkajala Police Station, Bengaluru, for the offences punishable under Sections 419, 465, 467, 468, 471, 420 read with Section 120B of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with - 6 - HC-KAR NC: 2025:KHC:21348 CRL.P No. 6903 of 2025 the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 62