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2025 DAILYLAW 54001 (KAR)

BABU v. STATE OF KARNATAKA BY

CRL.P/9341/2025 · 2025-07-15

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26344 CRL.P No. 9341 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9341 OF 2025 BETWEEN: BABU S/O LATE CHAND SAB, AGED ABOUT 65 YEARS, RESIDING AT RAJU BUILDING, 1ST FLOOR, 13TH CROSS, KAREEM SAB LAYOUT, HEGANAHALLI, BENGALURU. (ACCUSED NO.3 IN JUDICIAL CUSTODY) …PETITIONER (BY SRI KIRANKUMAR H.K., ADVOCATE) AND: STATE OF KARNATAKA BY SHO, RAJAGOPALNAGAR PS, BENGALURU REPTD. BY GOVT. PLEADER, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.216/2025, FOR THE OFFENCES P/U/S 109, 352 R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF 31ST ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26344 CRL.P No. 9341 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in Crime No.216/2025 registered by Rajagopal Nagar Police Station, Bengaluru City, for the offences punishable under Sections 109, 352 read with Section 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.216/2025 was registered by Rajagopal Nagar Police Station, Bengaluru City, for the aforesaid offences against Chandpasha and others based on the first information dated 05.06.2025 received from Sayad Dilwar, who is the father of injured victim Farhan. During the course of investigation, petitioner herein who is arraigned as accused No.3 in the FIR was arrested on 06.06.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5201/2025 was rejected on 26.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:26344 CRL.P No. 9341 of 2025 4. Perusal of the material on record would go to show that in the alleged incident that had taken place on 05.06.2025, there is no allegation against petitioner about he assaulting the injured victims with any weapons. Undisputedly, he has no other criminal antecedents. Victims who had taken treatment in the Hospital have been discharged from the Hospital and their condition is said to be stable. Accused Nos.1 and 2, who were arrested in the present case, are said to be in judicial custody. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.216/2025 registered by Rajagopal Nagar Police Station, Bengaluru City, for the offences punishable under Sections 109, 352 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 4 - HC-KAR NC: 2025:KHC:26344 CRL.P No. 9341 of 2025 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 70