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2025 DAILYLAW 80406 (KAR)

SRI ROHITH D.R @ YALLAPURA ROHITH v. STATE OF KARNATAKA

CRL.P/9521/2025 · 2025-08-04

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30168 CRL.P No. 9521 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. 9521 OF 2025 BETWEEN: SRI ROHITH D.R @ YALLAPURA ROHITH S/O. RENUKA PRASANNA, AGED ABOUT 29 YEARS, RESIDENT OF NEAR GOKULA RICE MILL, YELLAPURA, ARAKERE POST, TUMAKURU-572 102. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY TUMKUR RURAL POLICE STATION, TUMKUR, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.119/2018, PENDING BEFORE THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT TUMKUR, FOR THE OFFENCES P/U/S 302, 201, 75 R/W 34 OF IPC, BY ACCEPTING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30168 CRL.P No. 9521 of 2025 SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/Accused No.1 in S.C.No.119/2018 pending before the VI Additional District and Sessions Judge, has preferred this petition praying to enlarge him on bail. 2. Petitioner is facing trial along with another accused for the offence punishable under Section 302, 201, 75 read with Section 34 of IPC, before the VI Additional District and Sessions Judge at Tumakuru in S.C.No.119/2018. The said case arise out of Crime No.131/2018 of Tumakuru Rural Police Station, Tumakuru, which was initially registered against unknown persons for the offence punishable under Section 302 of IPC. - 3 - HC-KAR NC: 2025:KHC:30168 CRL.P No. 9521 of 2025 3. The petitioner was arrested on 18.05.2018 and he was granted bail. In the course of trial, since he remained absent, NBW was issued and on securing him, he was remanded to judicial custody on 17.04.2025 and since then he is in judicial custody. 4. Learned High Court Government Pleader has contended that the petitioner is involved in several criminal cases and in the case on hand, he is accused of committing the murder of one Venkateshmurthy by assaulting him with long etc. He contended that if the petitioner is released on bail, he may commit similar offences and also flee from justice. 5. Learned counsel for the petitioner submitted that petitioner has been falsely implicated and in the present case, as he failed to appear before the Court on 04.04.2025, the learned Sessions Judge has issued warrant against him and on securing him, he has been remanded to judicial custody on 17.04.2025. He submitted - 4 - HC-KAR NC: 2025:KHC:30168 CRL.P No. 9521 of 2025 that on the very same day, the learned Sessions Judge has recalled the warrant in another case pending in S.C.No.19/2021 whereas, in the present case, he has been remanded to custody. 6. Learned counsel has filed a memo along with medical documents pertaining to the petitioner to show that he has sustained gun shot injuries to his leg, and due to which he has developed Gangrene and now he is undergoing treatment in the Jail hospital, Bengaluru. 7. Considering that the petitioner was initially granted bail and considering his medical condition, one more opportunity can be given to the petitioner to furnish fresh surety for his release with an undertaking to appear before the Trial Court regularly. Hence, the following:- ORDER i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:30168 CRL.P No. 9521 of 2025 ii) Petitioner/accused No.1 is ordered to be released in S.C.No.119/2018 pending before the VI Additional District and Sessions Judge at Tumakuru, arising out of Crime No.131/2018 of Tumakuru Rural Police Station subject to following conditions: 1. He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the learned Sessions Judge. 2. He shall furnish proof of his residential address and shall inform the Investigating Officer / Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge. - 6 - HC-KAR NC: 2025:KHC:30168 CRL.P No. 9521 of 2025 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court regularly on all dates of hearing, unless exempted from appearance for genuine reason. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 52