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2025 DAILYLAW 35792 (KAR)

CHIRANJEEVI @ CHIRU v. THE STATE OF KARNATAKA

CRL.P/13208/2024 · 2025-01-16

Mohammad Nawaz

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Judgment text

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- 1 - NC: 2025:KHC:1666 CRL.P No. 13208 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13208 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: CHIRANJEEVI @ CHIRU S/O ANJINAPPA (AS PER CHARGE SHEET) AGED ABOUT 25 YEARS, RESIDING AT NO.34, BALAJI NAGAR, THIGALAPALYA MAIN ROAD, PEENYA SMALL INDUSTRIES, BENGALURU NORTH, BENGALURU - 560 058. …PETITIONER (BY SRI. LAKSHMINARAYANA REDDY C., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KAMAKSHIPALYA P.S., BANGALORE CITY, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560001. …RESPONDENT (BY MS. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION AND DIRECT THE RESPONDENT KAMAKSHIPALYA P.S., BENGALURU, THAT IN THE EVENT OF ARREST OF THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1666 CRL.P No. 13208 of 2024 PETITIONER ABOVE BY THE RESPONDENT POLICE IN CONNECTION WITH CRIME NO.176/2024 DATED 18.04.2024 REGISTERED BY KAMAKSHIPALYA P.S., BENGALURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 120B OF IPC AND 25-1(B) (b) OF ARMS ACT, 1959, NOW PENDING ON THE FILE OF XXIV ADDL. CMM COURT AT BENGALURU IN C.C.NO.26405/2024 THE PETITIONER SHALL BE RELEASED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. Apprehending arrest in Crime No.176/2024 of Kamakshipalya Police Station, Bengaluru City, petitioner arraigned as accused No.6 has preferred this petition seeking anticipatory bail. 3. FIR was registered on a suo moto complaint lodged by the Police Inspector, CCB OCW, NT pete Bengaluru against accused Nos.1 and 2 for an offence - 3 - NC: 2025:KHC:1666 CRL.P No. 13208 of 2024 punishable under Section 25-1(B)(b) of the Arms Act, 1959. 4. It is the case of prosecution that on 18.04.2024, complainant and his team were patrolling the station limits and at about 6.00 p.m., they received an information that two suspicious individuals, i.e., Accused Nos.1 and 2, armed with deadly weapons are loitering near the BWSSB compound at Sunkadakatte pipeline road. They rushed to the spot and apprehended both the accused, who upon enquiry, revealed their identity. 5. It is alleged that the accused were planning to eliminate the rival rowdy-sheeter by name Kunigal Giri. Two machets were recovered from the Accused and both the accused were taken into custody. 6. The name of the petitioner is not in the F.I.R. It appears that in the course of investigation, on the basis of the statement of the co-accused, petitioner is arraigned - 4 - NC: 2025:KHC:1666 CRL.P No. 13208 of 2024 as accused No.6, while filing the charge-sheet. It is alleged that the petitioner is a conspirator. 7. Accused Nos.4 and 5 who are similarly placed as the petitioner, have been enlarged on bail. At this stage, there are no sufficient materials on record to deny the prayer of the petitioner. He has no criminal antecedents. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.6 in C.C.No.26405/2024 pending on the file of 24th Additional CMM Court, at Bengaluru (Crime No.126/2024 of Kamakshipalya Police Station) shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of - 5 - NC: 2025:KHC:1666 CRL.P No. 13208 of 2024 Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall be available for investigation as and when called and shall cooperate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE BNV List No.: 1 Sl No.: 30