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2025 DAILYLAW 28719 (KAR)

RAHUL v. STATE OF KARNATAKA

CRL.P/8211/2025 · 2025-07-10

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25350 CRL.P No. 8211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8211 OF 2025 BETWEEN: RAHUL S/O LATE UMESH AGED ABOUT 25 YEARS R/AT NO. 7/66/1 1ST CROSS, NEAR KB TEMPLE GOPALAPURA, RAJAJINAGAR 6TH BLOCK BENGALURU - 560 010. …PETITIONER (BY SRI G. RAKESH RAJ, ADV., FOR SRI BHAVYA N.G, ADV.) AND: STATE OF KARNATAKA MAGADI ROAD P.S BANGALORE, REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SC NO.1833/2023 OF CRIME NO.222/2023 REGISTERED BY RESPONDENT MAGADI ROAD POLICE P/U/S 302, 201, 120B, 35 R/W 34 OF IPC PENDING BEFORE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH- 70) REGISTERED FOR THE OFFENCES P/U/S 302 OF THE INDIAN PENAL CODE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25350 CRL.P No. 8211 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.1833/2023 pending before the Court of LXIX Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.222/2023 registered by Magadi Road Police Station, Bengaluru City, for the offences punishable under Sections 302, 201, 120(B), 35 R/w 34 of IPC is before this Court under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.222/2023 was registered by Magadi Road Police Station, Bengaluru City for the aforesaid offences against the petitioner herein, on the basis of first information dated 28.07.2023 received from Sri Suresh Bandari, who is the uncle of deceased Ravi Bandari. During the course of investigation, the petitioner herein was arrested on 01.08.2023 and subsequently remanded to judicial custody. After completing - 3 - HC-KAR NC: 2025:KHC:25350 CRL.P No. 8211 of 2025 investigation, charge sheet has been filed against three others and the petitioner is arraigned as accused No.1 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.10698/2023 was dismissed on 17.01.2024. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, deceased Ravi Bandari, who was a cook allegedly was making unnecessary phone call to CW.9, who is the mother of accused No.1. Accused No.1 had therefore warned the deceased and inspite of the same, the deceased continued to trouble the mother of accused No.1. Therefore, accused No.1 allegedly conspired with accused Nos.2 and 3 to commit the murder of deceased Ravi Bandari. 6. On 28.07.2023 they allegedly summoned him to a building within the jurisdiction of Magadi Road Police Station and after quarreling with him they allegedly - 4 - HC-KAR NC: 2025:KHC:25350 CRL.P No. 8211 of 2025 assaulted him with a knife and committed his murder. The entire case of the prosecution is based on circumstantial evidence. Accused No.2 and 3 have been granted regular bail by this Court in Crl.P.No.3691/2024 and Crl.P.No.13634/2024. The petitioner, who has no criminal antecedents is in custody for the last nearly two years. Trial in the case is yet to commence. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1833/2023 pending before the Court of LXIX Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.222/2023 registered by Magadi Road Police Station, Bengaluru City, for the offences punishable under - 5 - HC-KAR NC: 2025:KHC:25350 CRL.P No. 8211 of 2025 Sections 302, 201, 120(B), 35 R/w 34 of IPC, subject to the following conditions: a) The petitioner shall execute a 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; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS