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2025 DAILYLAW 74574 (KAR)

SRI SURYA v. THE STATE OF KARNATAKA

CRL.P/15583/2025 · 2025-12-03

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50501 CRL.P No. 15583 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15583 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. SURYA S/O SAMPATH KUMAR AGED ABOUT 34 YEARS R/A NO.400, 13TH CROSS 8TH MAIN NEW BENGALURU LATOUT LINGARAJAPURAM , BEML LAYOUT BENGALURU NORTH BENGALURU – 560 084. (PETITIONER IS ARRAYED AS ACCUSED NO 3) …PETITIONER (BY SRI. UDHAYA KUMAR G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY KOTHANUR POLICE STATION BANGALORE REP BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA AT BANGALORE – 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50501 CRL.P No. 15583 of 2025 THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN THE EVENT OF PETITIONER/ACCUSED NO.3 ARREST IN CR.NO.252/2025 DATED 10.09.2025, ON THE FILE 4TH ACJM COURT, AT BANGALORE, FOR THE OFFENCES P/U/S 318(4), 319(2), 336(2), 340(2) R/W 3(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The petitioner is the accused No.3 before the learned Trial Court. The present petition is filed by accused No.3 under Section 482 of BNS, 2023, seeking for grant of anticipatory bail in Crime No.252/2025 registered for the offences punishable under Section 318(4), 319(2), 336(3), 336(2), 340(2), read with 3(5) of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:50501 CRL.P No. 15583 of 2025 2. Heard Sri. Udhaya Kumar G., learned counsel appearing for petitioner and Sri. Channappa Erappa, learned High Court Government Pleader appearing for respondent. 3. Learned counsel for the petitioner contends that, the accused No.1 – Sri. Anuragh R., has been granted anticipatory bail in Criminal Petition No.14619/2025 and accused no. 2 – Sri. Aripirala Madhu @ Aripirala Madhu Manjusha, has been granted anticipatory bail in Criminal Petition No.14596/2025 by this Court. The petitioner is the Assistant to accused no.1. Therefore, he is entitled for grant of bail on the ground of parity. Making such submissions, learned counsel for the petitioner prays to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent – State of Karnataka, contends that, the investigation is in progress and the petitioner is required for interrogation. The petitioner is involved in - 4 - HC-KAR NC: 2025:KHC:50501 CRL.P No. 15583 of 2025 another crime in D.J.Halli Police Station, wherein allegation of cheating of Rs.1.90 Crores. With this, learned High Court Government Pleader prays to reject the petition. 5. Having heard learned counsels appearing for the respective parties, the court has perused the copy of F.I.R and other documents placed on record. 6. Accused no. 1 is alleged to have shown a flat to the complainant and insisted him to purchase the same stating that it belongs to unknown person and the said complainant had purchased the same from unknown person under sale deed dated 12.09.2023. So, the accused No.2 is stated to be the Assistant of accused No.1 and the petitioner is also stated to be the Assistant of accused No.1. Accused Nos.1 and 2 have been granted anticipatory bail/bail by this Court. Considering the same, the petitioner is also entitled for grant of anticipatory bail on the ground of parity. The - 5 - HC-KAR NC: 2025:KHC:50501 CRL.P No. 15583 of 2025 petitioner has undertaken to co-operate with the Police in investigation and abide any conditions to be imposed by this Court. Therefore, considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions in the result of the following: ORDER 1. The Criminal Petition is allowed. 2. The petitioner/accused No.3 is granted anticipatory bail in Crime No.252/2025 of Kothanur Police Station and is ordered to be released on bail in the event of his arrest, subject to following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2025:KHC:50501 CRL.P No. 15583 of 2025 ii. The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond and furnish surety. iii. The petitioner shall co-operate with the Police in investigation and make himself available for interrogation whenever required. iv. The petitioner shall appear before the Investigating Officer whenever called for. v. The petitioner shall not directly or indirectly make any inducement of threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police - 7 - HC-KAR NC: 2025:KHC:50501 CRL.P No. 15583 of 2025 Officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE NM List No.: 1 Sl. No.: 10