SRI DARSHAN @ AUTO DHANU v. STATE BY SUB- INSPECTOR OF POLICE
CRL.P/14288/2025 · 2025-12-10
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39617 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39617 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52233 CRL.P No. 14288 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14288 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN:
1.
SRI. DARSHAN @ AUTO DHANU S/O. KRISHNA, AGED ABOUT 25 YEARS, R/AT. CHAPURADODDI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 428. …PETITIONER (BY SRI. SHARATH J.M., ADVOCATE) AND:
1.
STATE BY SUB-INSPECTOR OF POLICE HAROHALLI POLICE STATION, KANAKAPURA TALUK, BENGALURU SOUTH DISTRICT - 562 112.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001.
2.
SRI. JEETHENDRA R.
S/O. LATE RANGASWAMY, AGED ABOUT 20 YEARS, R/AT. RANGEGOWDANADODDI, BIDADI ROAD, HAROHALLI HOBLI & TALUK, BENGALURU SOUTH DISTRICT. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;
R2 - SERVED BUT UNREPRESENTED)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52233 CRL.P No. 14288 of 2025
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER HEREIN BY DIRECTING THE RESPONDENT - HAROHALLI POLICE, RAMANAGARA DISTRICT (NOW AT BENGALURU SOUTH DISTRICT) TO RELEASE THE PETITIONER WITH RESPECT TO CRIME NO.113/2025 (NOW S.C.NO.5045/2025) REGISTERED BY THE RESPONDENT HAROHALLI POLICE, RAMANAGARA DISTRICT (NOW AT BENGALURU SOUTH DISTRICT) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 61(2)(a), 49, 281, 125(a), 103(1), 249 AND 190 OF BNS, 2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C COURT AT KAKANAPURA, RAMANAGARA DISTRICT (NOW BENGALURU SOUTH DISTRICT).
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER This petition is filed by accused No.4 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.5045/2025 (arising out of Crime No.113/2025 of Harohalli Police Station, registered for offence punishable under Sections 61(2)(a), 49, 281, 125(a), 103(1), 249 and 190 of Bharatiya Nyaya Sanhita, 2023, pending on the file of II Additional District and
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HC-KAR NC: 2025:KHC:52233 CRL.P No. 14288 of 2025
Sessions Judge, Bengaluru South District, sitting at Kanakapura.
2. Heard
learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.
3.
Learned counsel for petitioner would contend that, accused No.5 has been granted bail by this Court by
order dated 21.11.2025 passed in Criminal petition No.14328 of 2025. The petitioner is similarly placed to that of accused No.5 who has been granted bail and therefore, he is entitled for grant of bail on the ground of parity.
4. This court while granting bail to accused No.5 has observed as under:
"…..
6. The deceased was a rowdy sheeter. The deceased had earlier committed murder of Sharath Kumar (brother of accused No.1). Accused No.1 along with other accused has conspired to kill the deceased. In furtherance of
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HC-KAR NC: 2025:KHC:52233 CRL.P No. 14288 of 2025
the conspiracy, accused Nos.1 and 2 along with weapon went in a Car, dashed to the bike of deceased and when he started running, chased him and when he fell down assaulted him with long-chopper on his hands, head and committed his murder. After the murder, this petitioner is stated to have taken his auto rickshaw and given clothes to accused Nos.1 and 2 to change their clothes and he gave drop to them in his auto rickshaw. There is no serious overt act alleged against this petitioner. The serious overt act of assault on the deceased is alleged against accused Nos.1 and 2. There are no criminal antecedents of this petitioner."
5. As per column-17 of the charge sheet, the role of this petitioner is similar to that of accused No.5, who has been granted bail. This petitioner is stated to have given his Ford Icon car bearing registration No.KA 05 MB 4812 to accused Nos.1 and 2, who used it to commit the offence and this petitioner and accused No.5 went in auto rikshaw taking clothes and giving them to accused Nos.1 and 2 to change their blood stained clothes. Considering
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HC-KAR NC: 2025:KHC:52233 CRL.P No. 14288 of 2025
the said aspect, the petitioner is entitled for grant of bail on the ground of parity. There are no criminal antecedents of this petitioner.
6. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;
ORDER
The petition is allowed. The petitioner is granted bail in S.C.No.5045/2025 (arising out of Crime No.113/2025 of Harohalli Police Station) pending on the file of II Additional District and Sessions Judge, Bengaluru South District, sitting at Kanakapura, subject to 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 trial Court.
(ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
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HC-KAR NC: 2025:KHC:52233 CRL.P No. 14288 of 2025
(iii) The petitioner shall attend the trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. (iv) The petitioner shall not involve in commission of offence. If he is found involved in commission of any offence, the prosecution is at liberty seek cancellation of bail granted to him.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 31