- 1 - NC: 2025:KHC:1436 CRL.P No. 13567 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 13567 OF 2024 BETWEEN: 1. MR. ABHISHEK @ ABHI @ PARIMALA S/O SIDDARAJU AGED ABOUT 22 YEARS, RESIDING AT SLN NAGARA, 5TH CROSS, KYATASANDRA, TUMAKURU-572104. …PETITIONER (BY SRI. SHANKAR H.S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUDUR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SRI K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) OF PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.91/2022 (CR.NO.24/2022) OF KUDUR P.S. PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE AT RAMANAGARA REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF IPC AND ETC., Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1436 CRL.P No. 13567 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. This petition is filed under Section 439 of Cr.P.C seeking regular bail of the petitioner in Cr.No.24/2022 of Kadur Police Station, Ramanagara for the offence punishable under Section 395 of I.P.C pending on the file of the III Additional District and Sessions Judge at Ramanagara District. 2. Heard the learned counsel for the petitioner and also the learned High Court Government Pleader appearing for the respondent-State. 3. This Court granted the bail in favor of accused Nos.4 in Crl.P.No.7762/2022 and accused No.5 in Crl.P.No.2505/2022 by co-ordinate bench wherein only recovery of Rs.500/- from the accused. The counsel appearing for the petitioner would contend that in respect - 3 - NC: 2025:KHC:1436 CRL.P No. 13567 of 2024 of this petitioner is concerned, no recovery at all. This petitioner even taking note of the material collected by the I.O, better placed than A4 and A5. Hence, this Court has to enlarge the petitioner on bail. The counsel also brought to notice of this Court, the Trial Court while rejecting the application, reference was made that A1 and A2 are habitual offenders, but no documents are placed before the Trial Court. 4. Per Contra, the counsel appearing for the respondent-State would contend that no recovery at the instance of this petitioner and also no any criminal antecedents against this petitioner since this Court has directed to verify whether any criminal antecedents against this petitioner in the previous occasion. 5. Having heard the petitioner’s counsel and also the counsel for respondent-State and also the factual aspects of the case, no doubt, the offence invoked against the petitioner under section 395 of IPC. This petitioner along with other accused persons, came in Deo Motorcycle - 4 - NC: 2025:KHC:1436 CRL.P No. 13567 of 2024 and caused obstruction to the complainant and one of the assailant sprayed on his eyes and when he started to move the lorry, he made him to alight from the lorry and assaulted him on his right eye and forehead. The accused No.1 had inflicted injury with knife on his left thigh and snatched Rs.3,000/- and also mobile. Having taken note of material collected by the I.O and no recovery at the instance of this petitioner and also the allegation against the accused No.1 that he inflicted injury with knife on the complainant. When such material available on record and this Court already exercised the discretion in favor of accused Nos.4 and 5, similarly placed allegation against those A4 and A5 and recovery is made at the instance of A4 and A5 for an amount of Rs.500/- and no recovery at the instance of this petitioner. When such being the material on record and also when there is no criminal antecedents against this petitioner, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard - 5 - NC: 2025:KHC:1436 CRL.P No. 13567 of 2024 the interest of the prosecution. Hence, I pass the following:- ORDER The Petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in Crime No.24/2022 of Kadur Police Station, Ramanagara registered for the offence punishable under Section 395 of IPC., subject to the following conditions: (i) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. - 6 - NC: 2025:KHC:1436 CRL.P No. 13567 of 2024 (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 88