Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38418 CRL.P No. 11060 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11060 OF 2025 BETWEEN:
AKASH. K.
S/O KUMARASWAMY, AGED ABOUT 19 YEARS R/A RAMAMANDIRA BEEDI, CHANDAGALU VILLAGE, SRIRANGAPATANA TALUK, MANDYA DISTRICT-571-606
…PETITIONER (BY SMT/MISS. RAKSHA KEERTHANA.K, ADVOCATE FOR SRI. KEMPARAJU.,ADVOCATE) AND:
THE STATE OF KARNATAKA BY SRIRANGAPATANA TOWN POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560-001 …RESPONDENT (BY SRI. R.RANGASWAMY, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE / RELEASE THE PETITIONER ON REGULAR BAIL IN S.C.NO.5023/2024 (CR.NO.206/2023) OF THE RESPONDENT SRIRANGAPATANA TOWN P.S. FOR THE ALLEGED OFFENCE P/U/S 143,148,114,120(B),302 R/W 149 OF IPC PENDING ON THE FILE OF THE HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE AT MANDYA SITTING AT SRIRANGAPATNA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:38418 CRL.P No. 11060 of 2025
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record.
2. Petitioner, not named as an accused in the FIR registered in Crime No.206/2023 of Srirangapatna Police Station, Mandya, was subsequently arraigned as accused No.9, in the charge sheet. He was arrested on 06.10.2023 and in custody since then.
3. FIR is registered on a complaint lodged by one Pramoda, brother of deceased, Vinu @ Kunta Vinu on 02.10.2023, wherein he has alleged that, accused have committed the murder of his brother, at about 5:30 a.m. infront of Dasachar land, near H.M. Resort, Palahalli village, Srirangapatna Taluq, Mandya, by assaulting him with lethal weapons, all over his body.
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HC-KAR NC: 2025:KHC:38418 CRL.P No. 11060 of 2025
4. FIR was registered against 14 named accused and others. While filing charge sheet, 9 of the accused named in the FIR were dropped. Charge sheet is filed against accused Nos.1 to 12 for the offence Punishable under Section 143, 148, 114, 120-B, 302 read with Section 149 of IPC.
5. CW.1, brother of the deceased and CWs.2 to 4 are said to be the eyewitnesses to the incident. In the FIR, there are no specific allegations against the petitioner. In the charge sheet, it is alleged that he has assaulted the deceased with a chopper on his head. Similar allegations are made against accused Nos.1 to 6. It is submitted that accused Nos.2 to 8, 10 to 12 are granted bail.
6. Taking into consideration that the petitioner was not named as an accused in the FIR and the accused against whom similar overt acts are attributed, are granted bail and also considering that the petitioner has no criminal antecedents, and he is in judicial custody since
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HC-KAR NC: 2025:KHC:38418 CRL.P No. 11060 of 2025
06.10.2023, he can be enlarged on bail. Accordingly, the following:-
ORDER i) Petition is allowed. ii) Petitioner/ accused No.9 (As per charge sheet) in Crime No.206/2023 of Srirangapatna Police Station, Manday, pending in S.C.No.5023/2024 on the file of the Court of III Additional District and Sessions Judge, at Mandya, sitting at Srirangapatna, shall be enlarged on bail, subject to following conditions:
1. He 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.
2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.
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HC-KAR NC: 2025:KHC:38418 CRL.P No. 11060 of 2025
3. He shall not directly or indirectly tamper with the prosecution witnesses.
4. He shall not indulge himself in committing any offence.
5. He shall appear before the trial Court regularly on all dates of hearing.
Violation of any of the above condition/s shall result in cancellation of bail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 19