Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41744 CRL.P No. 12589 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12589 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
AMRITH SUNA S/O LATE NARENDRA SUNA, AGED ABOUT 24 YEARS, R/AT BORPATRA VILLAGE, TEA FACTORY BACK SIDE, NAMROOP CITY, BORHUT PS, CHARAODEO, SIBSAGAR, ASSAM -785693 …PETITIONER (BY SRI. GIRISH R.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY SHESHADRIPURAM PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL.SPP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO GRANT BAIL THEREBY DIRECTING THE RESPONDENT SHESHADRIPURAM POLICE TO RELEASE THE PETITIONER / ACCUSED NO.1 IN CR.NO.34/2024 IN S.C.NO.825/2024 PENDING ON THE FILE OF THE HONBLE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURUT CITY FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 302, 201, 120(B) R/W 34 OF IPC.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41744 CRL.P No. 12589 of 2025
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 under Section 483 of BNSS, 2023 praying to grant bail in Crime No.34/2024 pending in SC No.825/2024 on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46) registered for the offences punishable under Sections 302, 201, 120(B), read with Section 34 of IPC.
2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State.
3. The learned counsel for the petitioner would contend that accused No.2, who is similarly placed to that of the petitioner/accused No.1, has been granted bail by this Court in Crl.P No.11939/2024, and therefore, he is entitled for bail on ground of parity. He further submits that the charge sheet is filed. The petitioner is not
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HC-KAR NC: 2025:KHC:41744 CRL.P No. 12589 of 2025
required for custodial interrogation. With this, he prayed to allow the petition.
4. The learned Additional State Public Prosecutor for the respondent - State does not dispute the grant of bail to accused No.2, who is having similar allegation to that of the petitioner - accused No.1. She further submits that the offences alleged against the petitioner is heinous offence punishable with death or imprisonment for life. With this, she prayed for dismissal of the petition.
5. Having heard the learned counsel, the Court has perused the charge sheet records, and the order passed in Crl.P No.11939/2024.
6. Upon perusal of column-17 of the charge sheet that the accusation against the petitioner/accused No.1 is that he pressed neck of the deceased from behind, and accused No.2 gave punch with the fist on her face, and caused injuries to the nose, chic and face, and when the deceased fell down, both held her tightly, and put cloth
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HC-KAR NC: 2025:KHC:41744 CRL.P No. 12589 of 2025
brought by accused No.2 on the nose and mouth, and killed her by smothering.
7. Accused No.2, who is alleged to have involved in the said crime having similar allegation to that of the petitioner, has been granted bail by this Court in Crl.P No.11939/2024. Therefore, the petitioner is also entitled for grant of bail on the ground of parity with the conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner/accused No.1 is granted bail in SC No.825/2024 pending on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46) arising out of Crime No.34/2024) subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.Two lakhs with one surety
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HC-KAR NC: 2025:KHC:41744 CRL.P No. 12589 of 2025
for the like sum to the satisfaction of the jurisdictional Court; b) The petitioner shall not indulge in tampering the prosecution witnesses either directly or indirectly; c) The petitioner shall appear before the Trial Court on all hearing dates unless exempted and cooperate for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 11