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2025 DAILYLAW 54147 (KAR)

BANU PRAKASH v. STATE OF KARNATAKA

CRL.P/10033/2025 · 2025-08-04

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30129 CRL.P No. 10033 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10033 OF 2025 BETWEEN: BANU PRAKASH S/O LATE LINGAPPA AGED ABOUT 40 YEARS R/AT 5TH BLOCK HOLAVANHALLI VILLAGE AND HOBLI KORTAGERE TALUK TUMKURU 572 121 (PRESENTLY IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. SANJAY YADAV B., ADVOCATE) AND: STATE OF KARNATAKA KORATAGERE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE- 560 001 …RESPONDENT (BY SMT.ASMA KOUSER., ADDL SPP FOR RESPONDENT) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.118/2025 FOR THE O/P/US/ 326(G) OF BNS, 2023 REGISTERED BY RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30129 CRL.P No. 10033 of 2025 KORATAGERE P.S PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JMFC COURT, KORATAGERE, TUMKURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS 2023 is preferred by the petitioner, praying to enlarge him on bail in Crime No.118/2025 of Koratagere Police Station registered for the offences under Section 326(g) of the BNS 2023. 2. Heard the learned counsel for petitioner and learned Additional SPP for the State and perused the material on record. 3. It is alleged by the first informant that on 07.06.2025 at about 06.00 a.m., when he along with his wife went to Santrupthi hotel to do business, they noticed that someone had set fire to the rolling shutter and caused loss to the tune of Rs.40,000/-. On verifying the (CCTV) camera footages, they noticed that on 07.06.2025 at about 01.30 a.m., - 3 - HC-KAR NC: 2025:KHC:30129 CRL.P No. 10033 of 2025 the petitioner, a resident of Holavanahalli Village, Koratagere Taluk, near the hotel holding a can containing petrol. 4. It is further alleged in the complaint that the petitioner and the first informant’s wife studied together in II PUC in Sreenivasa College, Koratagere town. At that time, the petitioner used to trouble her saying that he is in love with her and after her marriage with the first informant, since the petitioner continued to trouble her, the first informant advised him. Even thereafter, the petitioner was coming near the hotel and trouble his wife and therefore, first informant's wife had warned the petitioner. 5. The learned Additional SPP contended that the investigation is in progress and if the petitioner is enlarged on bail, he may threaten the prosecution witnesses and repeat similar offences. It is further contended that the offence committed by the petitioner is punishable with life imprisonment and therefore, the petitioner is not entitled for bail. - 4 - HC-KAR NC: 2025:KHC:30129 CRL.P No. 10033 of 2025 6. From the complaint averments, it is seen that on the basis of the CCTV footages and the earlier incidents, the first informant has suspected the petitioner as the one who set fire to the rolling shutter of his hotel. The petitioner was arrested on 07.06.2025. He has been interrogated and not required for further interrogation. The prosecution has to establish its case in a full-fledged trial. The petitioner has no criminal antecedents. He is said to be a permanent resident of Koratagere Taluk, Tumkur. He has undertaken to furnish sufficient surety to ensure his presence before the trial Court and hence, by imposing stringent conditions, relief sought in the petition can be granted. Accordingly the following: ORDER (i) Petition is allowed. (ii) Petitioner shall be enlarged on bail in Crime No.118 of 2025 of Koratagere Police Station, subject to the following conditions: (a) 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. - 5 - HC-KAR NC: 2025:KHC:30129 CRL.P No. 10033 of 2025 (b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. (c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. (d) He shall not tamper with the prosecution witnesses either directly or indirectly. (e) He shall appear before the trial Court on all dates of hearing without fail. (f) He shall not contact, threaten or intimidate the first informant and his family either directly or indirectly. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SS List No.: 1 Sl No.: 57