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2025 DAILYLAW 26871 (KAR)

LOKESH @ HOTTENOVU v. THE STATE OF KARNATAKA

CRL.P/7215/2025 · 2025-06-18

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21068 CRL.P No. 7215 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7215 OF 2025 BETWEEN: LOKESH @ HOTTENOVU S/O LATE ANKAPPA AGED ABOUT 35 YEARS R/AT NO. 14TH E CROSS J.P. NAGARA NEAR METRO STATION J.P. NAGARA, 1ST BLOCK BENGALURU - 560 078. …PETITIONER (BY SRI CHANDRAPPA K.N, ADV.) AND: THE STATE OF KARNATAKA BY K.S. LAYOUT POLICE STATION BANGALORE, REP BY STATE OF KARNATAKA 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.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 483 OF THE CODE OF BNSS IN CR.NO.93/2025 IN K.S.LAYOUT P.S., FOR THE OFFENCES P/U/S 115(2),351(2),352,75(1),79 OF BNS, PENDING ON THE FILE XXX ACJM, AT BANGALORE 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 M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21068 CRL.P No. 7215 of 2025 ORAL ORDER 1. Accused in Crime No.93/2025 registered by Kumaraswamy Layout Police Station, Bengaluru City, for the offences punishable under Sections 115(2), 351(2), 352, 75(1), 79 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 Crime No.93/2025 was registered by Kumaraswamy Layout Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 19.04.2025 received from Smt. Ramya who is the alleged victim in the present case. During the course of investigation, petitioner herein was arrested on 20.04.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.3408/2025 was rejected on 02.05.2025. Therefore, he is before this Court. 4. In the typed first information dated 19.04.2025 submitted by Smt. Ramya, she has stated that her son-in-law Manju had - 3 - HC-KAR NC: 2025:KHC:21068 CRL.P No. 7215 of 2025 borrowed money from the petitioner and subsequently her son- in-law had left their house and his whereabouts were not known. Petitioner allegedly was coming near the house of the first informant demanding repayment of money borrowed by her son-in-law and it is in this background, on the alleged date of incident, petitioner allegedly had abused and assaulted the first informant with his hand and also misbehaved with her. It is under these circumstances, FIR has been registered against the petitioner for the aforesaid offences. Investigation of the case is completed and charge sheet has been filed. The alleged offences are not punishable with death or imprisonment for life. In the earlier case, petitioner is enlarged on bail. Merely for the reason that petitioner is a person with criminal antecedents, if it is otherwise found that he has made out a case for bail, his prayer for bail cannot be rejected in normal circumstances. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 5. Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.93/2025 registered by - 4 - HC-KAR NC: 2025:KHC:21068 CRL.P No. 7215 of 2025 Kumaraswamy Layout Police Station, Bengaluru City, for the offences punishable under Sections 115(2), 351(2), 352, 75(1), 79 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute 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; 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 KK