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2025 DAILYLAW 28692 (KAR)

SRI. NIRUPAADI (NIRUPADA) v. STATE BY JIGANI POLICE

CRL.P/8067/2025 · 2025-07-01

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23402 CRL.P No. 8067 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8067 OF 2025 BETWEEN: SRI NIRUPAADI (NIRUPADA) S/O MAHADEVAPPA AGED ABOUT 24 YEARS R/AT JAAGIRA NANHIHAALA VILLAGE, ANE HOSUR POST LANGASUGUR TALUK RAICHUR DISTRICT - 584 122. …PETITIONER (BY SRI RANGANATH REDDY R, ADV.) AND: STATE BY JIGANI POLICE THE STATION HOUSE OFFICER BANGALORE RURAL, COMPLAINANT REPRESENTED BY STATE PUBLIC PROSECUTOR, (HIGH COURT OF KARNATAKA) PIN CODE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER THE PETITIONER TO BE ENLARGED ON BAIL IN FIR IN CR.NO.14/2025 REGISTERED BY JIGANI POLICE BENGALURU REGISTERED IN III ADDL.CIVIL JUDGE AND J.M.F.D ANEKAL, BENGALURU RURAL FOR THE OFFENCE P/U/S 103(1),3(5) OF BNS NOW THE CHARGE SHEET IS FILLED Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23402 CRL.P No. 8067 of 2025 AND THE CASE IS PENDING BEFORE 3RD ADDL.CIVIL JUDGE AND J.M.F.C AT ANEKAL, BENGALURU IN C.C.NO.3108/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.14/2025 registered by Jigani Police Station, Bengaluru, for the offences punishable under Sections 103(1) and 3(5) 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.14/2025 was registered by Jigani Police Station, Bengaluru, for the aforesaid offences against Gadhyappa and others based on the first information dated 31.01.2025 received from Anuj Mandan, who is the son of deceased Nibash Mandal. During the course of investigation, petitioner who was arraigned as accused No.4 in the FIR was arrested on 04.02.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons out of which, accused No.4 is said to be a juvenile accused. Petitioner is arraigned as accused No.2 - 3 - HC-KAR NC: 2025:KHC:23402 CRL.P No. 8067 of 2025 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.5213/2025 was rejected on 17.05.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that accused persons, deceased and his son, who is the first informant in the case were all working together as daily wagers. It appears that accused No.4, who is a juvenile had driven the tractor and therefore, first informant allegedly had abused him. Thereafter, father of the first informant, who is the deceased in the present case also had allegedly abused and assaulted the juvenile accused and it is in this background, accused No.1, who is the father of the juvenile accused had fought with deceased Nibash Mandal. Accused No.1 and his son, who is a juvenile allegedly had assaulted Nibash Mandal with a metal pipe on his head and other parts of his body and as a result Nibash Mandal, who had suffered grievous injuries was immediately shifted to Hospital. However, Nibash Mandal had died in the Hospital while undergoing treatment. Insofar as accused Nos.2 and 3 are concerned, allegation against them is that when accused No.1 and his son, who is a juvenile were - 4 - HC-KAR NC: 2025:KHC:23402 CRL.P No. 8067 of 2025 assaulting the deceased, accused Nos.2 and 3 had held his son Anuj Mandal, who is the first informant in the present case and they also had assaulted Anuj Mandal causing simple injuries to him. There is no allegation against accused Nos.2 and 3 about they assaulting deceased with any weapons. Undisputedly, petitioner herein who is arraigned as accused No.2 in the charge sheet has no other criminal antecedents. Under the circumstances, I am of the opinion that that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.14/2025 registered by Jigani Police Station, Bengaluru, for the offences punishable under Sections 103(1) and 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; - 5 - HC-KAR NC: 2025:KHC:23402 CRL.P No. 8067 of 2025 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 DN