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2025 DAILYLAW 69436 (KAR)

MADHU S @ POOJARI v. STATE OF KARNATAKA

CRL.P/10668/2025 · 2025-08-06

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30596 CRL.P No. 10668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10668 OF 2025 BETWEEN: MADHU S @ POOJARI S/O SRINIVAS, AGED ABOUT 28 YEARS, R/AT NEAR GRAMA DEVATHA TEMPLE, VAJARAHALLI COLONY, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA-562 159. …PETITIONER (BY SRI. RAMESHA H.N., ADVOCATE) AND: STATE OF KARNATAKA BY THALAGHATTAPURA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560001 …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.4 ON BAIL IN S.C.NO.265/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 114, 143, 144, 147, 148, 120-B, 302, 324, 149 OF INDIAN PENAL CODE, PENDING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30596 CRL.P No. 10668 of 2025 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU IN CRIME NO.29/2024 REGISTERED BY THE THALAGATTAPURA POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioner is before this Court praying to enlarge him on bail in SC No.265/2024 pending before the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 3. FIR is registered on a complaint lodged by Smt.Pallavi w/o late Galappa, in Cr.No.29/2024 of Thalaghattapura Police Station, Bengaluru City, against unknown persons for the offence punishable under Section 302 of IPC. 4. Charge sheet is filed against accused Nos.1 to 13 for offences punishable under Section 114, 143, 144, - 3 - HC-KAR NC: 2025:KHC:30596 CRL.P No. 10668 of 2025 147, 148, 120B, 302, 324 r/w 149 of IPC. Petitioner is arraigned as accused No.3 in the charge sheet. 5. Learned counsel for the petitioner submits that accused Nos.1, 4 and 6 are enlarged on bail by this Court and accused Nos.7 to 13 are granted bail by the Sessions Court. He further submits that the overt acts against accused Nos.1 to 6 are one and the same and in view of grant of bail to similarly placed accused, this petitioner may be enlarged on bail. He submits that, the eye witnesses-2 and 3 are already examined but they have not supported the case of prosecution. 6. The fact that the eye witnesses are examined and have not supported the case is not disputed by the prosecution. The petitioner was arrested on 30.1.2024 and he is in judicial custody since then. As per charge sheet allegations, on account of previous enmity, all the accused formed an unlawful assembly and committed the murder of Galappa by assaulting him with dangerous weapons on 28.1.2024 at about 11.00 – 13.00 hours. - 4 - HC-KAR NC: 2025:KHC:30596 CRL.P No. 10668 of 2025 Charge sheet material reveals that the allegations against accused Nos.1 to 6 are similar in nature. 7. This Court, while granting bail to accused No.1 in Crl.P.No.9401/2025 vide order dated 23.7.2025 has taken into consideration the bail granted to similarly placed other accused, hostility of the eye witnesses and duration of incarceration undergone by the accused. Petitioner being similarly placed, is entitled for bail on the ground of parity. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.3 in SC No.265/2024 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru (Cr.No.29/2024 of Thalaghattapura Police Station, Bengaluru City), shall be enlarged on bail, subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:30596 CRL.P No. 10668 of 2025 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. 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 above condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 43