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2025 DAILYLAW 79425 (KAR)

NAGENDRA. T @ T. NAGENDRA v. STATE OF KARNATAKA

CRL.P/9199/2024 · 2025-07-18

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26922 CRL.P No. 9199 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9199 OF 2024 BETWEEN: NAGENDRA. T @ T. NAGENDRA, S/O KRISHNAPPA, AGED ABOUT 32 YEARS, R/AT NO. 2, I B CROSS, I MAIN, I STAGE, AMBABHAVANINAGAR, BANGALORE - 560 097. …PETITIONER (BY SRI.R.S.RAVI., SENIOR ADVOCATE FOR; N.G.BHAVYA., ADVOCATE) AND: STATE OF KARNATAKA, STATE BY VIDYARANYAPURAM P S, RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.215/2022 OF VIDYARANYAPURA POLICE NOW IN S.C.NO.685/2023 AND PENDING BEFORE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FOR THE OFFENCE P/U/S 302, 392, 120B R/W 34 OF IPC. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26922 CRL.P No. 9199 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.685/2023 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.215/2022 registered Vidyaranyapura Police Station, Bengaluru City, for offences punishable under Sections 302, 392, 120-B read with Section 34 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.215/2022 was registered by Vidyaranyapura Police Station, Bengaluru City, initially for offences punishable under Sections 302 and 396 of IPC against unknown persons, based on the first information dated 08.09.2022 received from Vasanthkokila. - 3 - HC-KAR NC: 2025:KHC:26922 CRL.P No. 9199 of 2024 4. During the course of investigation of the case, petitioner herein was arrested on 12.09.2022 and subsequently remanded to judicial custody. After completing investigation charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.2646/2023 which was dismissed as withdrawn on 06.04.2023. Subsequently, petitioner had filed Crl.P.No.2474/2023 which was rejected by this Court on merits on 31.08.2023. It is in this background, petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that accused No.2 has been granted regular bail by the co-ordinate Bench of this Court in Crl.P.No.11801/2023 disposed of on 22.03.2024. Accused Nos.2 and 3 are the persons who had entered the house of deceased and committed the crime. So far as the petitioner is concerned - 4 - HC-KAR NC: 2025:KHC:26922 CRL.P No. 9199 of 2024 allegation against him is of conspiracy. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. She submits that petitioner is a person with criminal antecedents and there is another criminal case registered against him for offence punishable under Section 306 of IPC. Accordingly, she prays to dismiss this petition. 7. In the charge sheet, it is alleged that accused No.1/petitioner had conspired with accused Nos.2 and 3 to commit the murder of deceased Prasanna Kumari was staying in a premises adjacent to the premises in which accused No.1 was staying and to rob the valuables from her house. In furtherance of such a conspiracy, on 07.09.2022 accused Nos.2 and 3 arrived at the spot of crime in a motorcycle and after entering into the house of Prasanna Kumari murdered her by strangulating her and had escaped from the spot along with her gold jewellery and other valuables. Subsequently, accused No.2 had - 5 - HC-KAR NC: 2025:KHC:26922 CRL.P No. 9199 of 2024 pledged the said gold in Muthoot Finance for a sum of Rs.1,90,000/- and the said amount was allegedly shared by the accused persons. Accused No.2 has been granted regular bail by the co-ordinate Bench of this Court in Crl.P.No.11801/2023 disposed of on 22.03.2024. 8. So far as the petitioner is concerned, allegation against him is that he had conspired with accused Nos.2 and 3 to commit the crime. Since accused No.2 who along with accused No.3 had entered into the house of the deceased and had committed the alleged crime has been already granted regular bail by the co-ordinate Bench of this Court, I am of the opinion that petitioner as against whom there is an allegation of conspiracy is also entitled to the relief sought for in this petition. Accordingly, the following:- ORDER The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:26922 CRL.P No. 9199 of 2024 The petitioner is directed to be enlarged on bail in S.C.No.685/2023 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.215/2022 registered Vidyaranyapura Police Station, Bengaluru City, for offences punishable under Sections 302, 392, 120-B read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute 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; 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; - 7 - HC-KAR NC: 2025:KHC:26922 CRL.P No. 9199 of 2024 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 KVR List No.: 1 Sl No.: 36